Vandalism is treated as a very serious crime in California. In fact, individuals can face infractions, misdemeanors, or felony charges if they are accused of violating California Penal Code §594: Vandalism.
Vandalism is treated as a property crime in California, much like:
As with other property crimes, individuals can face fines and incarceration if they are convicted of vandalism. Learn more about the legal repercussions for a PC 594 violation from the Simmrin Law Group. Then contact our team today for a consultation regarding your California Penal Code Section 594: Vandalism case.
Understanding Infraction, Misdemeanor, and Felony Vandalism Charges
Vandalism involves causing damage to another person’s property. Individuals can also be charged with vandalism if they deface someone’s property or destroy it completely.
Depending on the exact circumstances surrounding a PC 594 violation, an individual could be charged with:
An Infraction
Individuals may commit an infraction if they cause under $250 in damage during an act of vandalism. Note that this charge does not apply if someone repeatedly causes small amounts of damage. Repeated acts of vandalism can result in misdemeanor charges.
Misdemeanor Vandalism
Misdemeanor vandalism charges apply if an individual causes between $250 and $400 in damage. Individuals may also be charged with misdemeanor vandalism if they cause smaller amounts of damage multiple times.
Felony Vandalism
Felony vandalism is the most severe form of vandalism. Any act of vandalism that causes more than $400 in damage can be charged as a felony in the Los Angeles court system.
Examples of PC 594 Violations
Vandalism, as defined under California Penal Code Section 594, includes a broad range of offenses that can happen in public and private spaces, including to property that you jointly own with a spouse or family member. Individuals in California could be charged with vandalism in the following situations:
A group of teenagers grows angry at their teacher. They decide to spray paint the teacher’s car and slash the tires on the vehicle. They cause more than $400 in damage to the vehicle and they can be charged with felony vandalism.
A man pulls into the parking lot of his apartment complex and finds that his neighbor took his parking space again. Infuriated, the man keys the neighbor’s car, causing around $300 in damage to the paint job. The man can be charged with misdemeanor vandalism.
Penalties for Vandalism Convictions in California
The penalties for a vandalism conviction vary based on the type of charges an individual is facing. One of the key factors in determining the potential penalty for a proven case of vandalism is the dollar value of the property damage (or the dollar value of the costs to repair or address the vandalism). Generally, vandalism that amounts to less than $400 in damage is considered a misdemeanor or even a less serious infraction.
Vandalism that amounts to over $400 in damage may be penalized as a felony.
Penalties for a Vandalism Infraction
Individuals who are found guilty of a vandalism infraction may face:
- Fines: Up to $1,000
- Community Service
Penalties for Misdemeanor Vandalism
Individuals charged with misdemeanor vandalism for causing $250-$400 in damage may face:
- Fines: Up to $1,000
- Jail Time: Up to 1 Year
The penalties are different if an individual is charged with misdemeanor vandalism for repeated small acts of vandalism. A second small act of vandalism leads to:
- Fines: Up to $2,000
- Jail Time: Up to 6 Months
All additional instances of vandalism can result in:
- Fines: Up to $3,000
- Jail Time: Up to 1 Year
Penalties for Felony Vandalism
Felony vandalism is punished more harshly than other forms of vandalism. Individuals may end up facing these penalties:
- Fines: Up to $10,000
- Jail Time: Up to 1 Year
Note that the penalties increase for individuals who cause particularly large amounts of damage. For example, individuals who cause more than $10,000 in damage may be fined up to $50,000. But an experienced Penal Code 594 PC attorney can help you reduce or dismiss vandalism charges.
Defenses that Can Beat Vandalism Charges
It can be difficult to successfully resolve a California Penal Code Section 594: Vandalism accusation in California. Individuals can boost their odds of successfully beating the charges they are facing by contacting a Los Angeles criminal defense lawyer today. A criminal defense lawyer could build a defense by arguing:
You Defaced Your Own Property
Individuals in California are allowed to do what they want to do to their own property. This rule applies even if your property is currently on someone else’s land. You should not face vandalism charges for damaging something that belongs to you. However, this defense may not fully apply to a property you own with others.
You Were Falsely Accused or Misidentified
It is possible to be falsely identified or intentionally falsely accused of vandalism. Dashcams and security cameras may capture images that resemble you, or eyewitnesses may falsely place you at the scene at the time of the vandalism incident. An attorney can help you dispute these false California Penal Code §594 charges by investigating the evidence and collecting additional evidence.
You Were Not Acting Maliciously
Vandalism only occurs when someone maliciously damages, defaces, or destroys someone else’s property. If you accidentally caused damage, you should not face charges under PC 594.
You Were Expressing Your Right to Free Speech
Some people are accused of vandalism for actions they take during demonstrations or other gatherings. Depending on the exact situation, your actions in these situations could be protected by the Constitution.
Get Professional Help Handling a PC 594 Charge
A criminal defense lawyer can help if you are facing charges under California Penal Code Section 594: Vandalism. The Simmrin Law Group can offer you professional advice with a FREE legal consultation. Let us go over your case today.
You can reach us by completing our online contact form or calling us. Our team will evaluate your case so you can defend your rights and start the process of fighting against, reducing, or advocating to dismiss the charges.