What Happens if I’m Charged With Criminal Mischief in California?

If you’ve been arrested or cited for damaging property in California, you may be wondering what charges you face. While many people use the term “criminal mischief,” California law actually addresses property damage under its vandalism statutes. Understanding the difference and the potential penalties is the first step in building your defense. Read on and consult with a skilled Red Bluff criminal lawyer today.

What is Criminal Mischief?

Criminal mischief refers to the criminal act of damaging property. While it is often used informally, California does not use the term “criminal mischief” in its penal code. Instead, similar conduct is generally prosecuted under vandalism laws, which are outlined in the California Penal Code § 594.

Under this law, vandalism occurs when a person maliciously commits one of the following acts against any real or personal property that does not belong to them.

• Defaces with graffiti or other inscribed material
• Damages
• Destroys

Examples of vandalism include graffiti, breaking windows, keying cars, slashing tires, destroying street signs, smashing mailboxes, and more.

What Happens if I’m Charged With Criminal Mischief in CA?

Because California does not have a specific crime called “criminal mischief,” you cannot be charged with it. Instead, you would likely face charges for vandalism under Penal Code § 594.

If charged with vandalism, the process typically begins with either an arrest or a citation. For minor offenses, police may issue a citation requiring you to appear in court on a specific date. For more serious incidents, you may be arrested and booked.

After the initial charge, a prosecutor reviews the case to formally file charges. The case then proceeds through the California court system, potentially involving arraignment, pretrial hearings, and ultimately, either a plea agreement or a trial. The severity of the alleged property damage determines whether the offense is charged as a misdemeanor or a felony.

What Are the Penalties for Vandalism in CA?

The penalties for vandalism in California depend mainly on the monetary value of the damage caused, determining whether the offense is charged as a misdemeanor or a felony. If the damage is less than $400, the offense is typically charged as a misdemeanor. Penalties can include:

• Up to one year in county jail
• A fine of up to $1,000
• Informal probation
• Mandatory community service, often including graffiti cleanup
• Restitution to the victim for the cost of repairs

If the damage is $400 or more, the offense is a wobbler and can be charged as a felony. Felony penalties are significantly harsher and may include:

• Up to 3 years in county jail or state prison
• A fine of up to $10,000 (or up to $50,000 if the damage exceeds $10,000)
• Formal probation
• Mandatory community service and restitution

Repeat offenders also face increased penalties, and a vandalism conviction can lead to a driver’s license suspension under certain circumstances. Because of the serious nature of these charges, consulting with a criminal defense attorney is crucial. Contact Cohen Criminal Law today.