California treats vandalism as a severe crime. Individuals can face infractions, misdemeanors, or felony charges if accused of violating California Penal Code §594: Vandalism.
Like other property crimes, individuals can face fines and incarceration if convicted of vandalism. A Los Angeles vandalism lawyer can help you learn more about this charge, the penalties for a conviction, and potential defenses.
Understanding Infraction, Misdemeanor, and Felony Vandalism Charges
Vandalism involves causing damage to another person’s property. Individuals can also face charges under PC 594 if they deface someone’s property or destroy it completely.
Depending on the exact circumstances surrounding a PC 594 violation, an individual could face charges for:
An Infraction
Individuals may commit an infraction if they cause under $250 in damage to personal property 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. For example, someone could face increased charges for repeatedly damaging property with graffiti.
Misdemeanor Vandalism
Misdemeanor vandalism charges apply if an individual causes between $250 and $400 in damage to personal property. Individuals may also face this criminal charge if they cause smaller amounts of damage multiple times.
Felony Vandalism
Felony vandalism is the most severe form of vandalism. In the Los Angeles court system, any act of vandalism that causes more than $400 in damage represents a felony. A Los Angeles criminal defense attorney can help individuals face these charges.
Penalties for Vandalism Convictions in California
The penalties for a vandalism conviction vary depending on the type of charges an individual faces. One key factor 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 exceeding $400 in damage may be penalized as a felony. You can learn more about vandalism laws and these distinctions with a lawyer.
Penalties for a Vandalism Infraction
Individuals found guilty of a vandalism infraction may face fines of up to $1,000 and a requirement to complete some type of community service. A criminal defense lawyer can provide more information about vandalism laws for infractions.
Penalties for Misdemeanor Vandalism
Individuals charged with misdemeanor vandalism for causing $250-$400 in damage may face fines of up to $1,000 and up to a year of time in county jail.
The penalties are different if an individual faces charges for misdemeanor vandalism for repeated small acts of vandalism. A second small act of vandalism leads to:
- Fines: Up to $2,000
- County Jail Time: Up to 6 Months
All additional instances of vandalism can result in:
- Fines: Up to $3,000
- County Jail Time: Up to 1 Year
Some individuals may also have to complete informal probation after a conviction for vandalism.
Penalties for Felony Vandalism
The court punishes felony vandalism more harshly than other forms of vandalism. Individuals may end up facing these penalties after a felony conviction:
- 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 face fines of up to $50,000.
An experienced Los Angeles property crimes lawyer 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 §594: Vandalism accusation. Individuals can boost their odds of successfully beating their charges by contacting a Los Angeles criminal defense lawyer today.
Some common defenses may require an attorney to argue that:
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 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. Your lawyer can also help if a case of mistaken identity results in your charges.
You Were Not Acting Maliciously
Vandalism only occurs when someone maliciously damages, defaces, or destroys someone else’s property. If you accidentally caused damage without malicious intent, you should not face charges under PC 594.
You Were Expressing Your Right to Free Speech
Some people face accusations of vandalism for actions they take during demonstrations or other gatherings. Depending on the exact situation, the Constitution could protect your actions in these situations. You can explore all your legal defenses with a criminal defense law firm.
How Do Lawyers Resolve PC 594 Charges?
Your attorney may pursue several options to resolve California Penal Code §594: Vandalism charges on your behalf. Depending on your circumstances, a law firm may:
- Get your charges reduced
- Have the court dismiss your charges
- Represent you in court
Getting professional legal representation means you’ll have someone to help at your arraignment hearing and your bail hearing, if necessary.
A lawyer can take steps to block evidence and create reasonable doubt regarding the charges you face, helping you avoid severe penalties.
You can discuss six things you should know about vandalism laws and your legal options by reaching out to a law firm today.
Examples of PC 594 Violations
As defined under PC 594, Vandalism includes a broad range of offenses that can happen in public and private spaces, including property that you jointly own with a spouse or family member. Individuals in California could face charges for 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. They cause more than $400 in damage to the car. They may face felony vandalism charges.
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 could face misdemeanor vandalism charges.
Get Professional Help Handling a PC 594 Charge
A criminal defense lawyer can help if you face charges under California Penal Code §594: Vandalism. The Simmrin Law Group can offer 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 by 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.