What Are the Penalties for Vandalism in California?

Vandalism charges in California are more serious than many people realize and can result in significant penalties. What may seem like a minor act, like graffiti or breaking a window, can lead to hefty fines and even jail time, not to mention the lasting effects of a criminal record. If you have been arrested for vandalism in California, contact an experienced Red Bluff criminal lawyer for skilled advice and representation during your case.

What is Vandalism?

The criminal offense of vandalism is defined under California Penal Code § 594. According to this law, when a person maliciously commits any of the following with respect to property that does not belong to them, it is considered vandalism.

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

Essentially, in California, it is illegal to maliciously damage or destroy property that you do not own. This includes spraypainting, etching, breaking windows, slashing tires, or damaging public property.

The key element of vandalism is intent. The offender’s actions must be malicious, meaning that it was done intentionally or with reckless disregard for the property of others.

What Are the Penalties for Vandalism in CA?

The penalties you can incur for vandalism in California are severe, but will vary depending on the specific circumstances of the situation, most notably the value of the damage done. Vandalism can be charged as either a misdemeanor or felony offense and is decided on a case-by-case basis.

If the amount of defacement, damage, or destruction is less than $400, the offense is punishable by imprisonment in county jail for up to 1 year and fines of up to $1,000. If the value is less than $400 but you have previously been convicted of vandalism or a related offense, your fines can be enhanced to $5,000.

If the value of the damage is $400 to $10,000, you can be penalized by up to 1 year in county jail and fines of $10,000. Any damage done in excess of $10,000 can result in 3 years in prison and fines up to $50,000.

While these are the standard sentencing guidelines for vandalism in California, aggravating circumstances can enhance the penalties you incur. If you have prior convictions, the vandalism was related to gang activity, the offense involved a hate crime, or damage was done to public or government property, it could exacerbate the consequences of a conviction.

What Defenses Should I Use?

The defenses you implement in your vandalism case should be unique to your situation. Below are some examples of effective defenses.

1. Lack of intent: You did not have malicious intent to damage the property, or it was accidental
2. Mistaken identity: You were not the person who committed the vandalism, and you have an alibi
3. Permission: You own the property that was damaged or had permission from the owner to modify or alter it

Consult with an attorney to determine which of these defenses will work best for you.