If you are arrested for graffiti in California, police will book you, and prosecutors may file charges under the state’s vandalism laws. Being arrested for this offense means police believe you damaged or marked property without permission, and California law treats these cases seriously.
The risks are real. Even what seems like a small act of tagging can lead to fines, probation, community service, or even jail time. A conviction also creates a criminal record that shows up on background checks and can affect jobs, school, or housing.
Because the laws about property damage, intent, and penalties are complex, having a lawyer on your side is important. A Burbank criminal defense lawyer from our team will review the evidence, challenge the charges, and fight to protect your rights in court.
What Counts as Graffiti in California?
Graffiti involves more than just spray paint. California law defines it broadly:
- Spray paint on buildings or cars
- Etching or scratching surfaces like bus windows or bathroom stalls
- Using markers or paint pens on public or private property
- Posting stickers without permission
Under California Penal Code § 594, this conduct is treated as vandalism. The penalties are harsh. Even if you thought it was just a small act of tagging, you could face fines, probation, community service, or even jail time.
California Penal Code § 640.5 and § 640.6 also address graffiti on transit vehicles and property like buses, trains, and stations. Damage to other property is usually charged under the general vandalism law in § 594.
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Is Graffiti Charged as a Misdemeanor or a Felony?
The charge depends on the amount of damage:
- Less than $400 in damage is usually a misdemeanor (Penal Code § 594(b)(2)(A)).
- More than $400 in damage can be filed as a felony (Penal Code § 594(b)(1)).
Prosecutors decide based on repair costs, prior offenses, and whether the act involved gang activity. A felony charge can bring state prison time and higher fines.
What Happens After You Are Arrested on a Graffiti Charge?
Getting arrested for graffiti usually follows this process:
- Police stop and arrest: Officers may catch you in the act or investigate later.
- Booking: Your information, photo, and fingerprints are taken.
- Charges filed: Prosecutors decide whether it is a misdemeanor or a felony.
- Court appearance: You appear before a judge, often within a few days.
- Bail or release: Depending on the case, you may be held or released on bail.
At every stage, having a lawyer can make the difference between dismissal, a lighter sentence, or harsher penalties.
Possible Penalties for Graffiti Crimes in California
Graffiti-related convictions may bring:
- Fines: Up to $1,000 or more for repeat or felony offenses.
- Community service: This can include cleaning graffiti.
- Probation: Restrictions like curfews or school attendance.
- Restitution: Paying back the property owner for repairs.
- Jail or prison time: Especially if the damage is large or you have prior convictions.
California law also allows courts to suspend the driver’s licenses of minors convicted of graffiti crimes.
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What Parents Should Know if Their Child Faces Graffiti Charges
Parents are often the ones dealing with the fallout when a child is arrested on graffiti offense charges. If your child is under 18, the case will usually go to juvenile court, which has different rules and goals than adult court.
Instead of focusing on jail, the system aims to correct behavior and protect the community.
Here’s what parents should expect:
- Court expectations: Parents must attend hearings with their child. Judges often order counseling, school attendance, or community service.
- Restitution responsibilities: Parents may have to pay for the damage their child caused, sometimes running into hundreds or thousands of dollars.
- Driver’s license suspensions: Under state law, courts can suspend or delay a minor’s driving privileges if they are convicted of graffiti or vandalism.
Knowing these outcomes helps parents prepare and take proactive steps, including hiring a lawyer who understands how juvenile cases work.
Common Myths About California’s Graffiti Laws
Many people arrested for graffiti think it’s not a “real crime.” These myths can be dangerous because they cause people to underestimate the seriousness of the charges.
- “It’s only art, so it’s not illegal.” Property rights matter. Even if the graffiti is creative, it’s still illegal without the property owner’s permission. California law does not treat graffiti as free speech.
- “It doesn’t matter if the damage is small.” This is false. Damage under $400 may be a misdemeanor, but it still carries fines, community service, and a criminal record. If the damage is more than $400, it can be charged as a felony.
Clearing up these myths helps people see why a strong defense is important.
Can Graffiti Lead to Gang Enhancements?
If prosecutors believe graffiti is connected to a street gang, they may add extra charges called gang enhancements. These charges do not create a new crime, but they increase the punishment for the original charge.
For example, if you are accused of tagging property with gang symbols or signs, prosecutors might argue you did it to benefit or promote a gang. If the court agrees, the judge can add years of extra jail or prison time on top of the penalty for graffiti.
In some cases, this can turn what would have been a short sentence into a much longer one. These enhancements bring harsh penalties, so having a lawyer who knows how to fight gang-related charges is important.
Common Defenses Against Graffiti and Vandalism Charges
Our lawyer can raise several defenses depending on the case:
- No intent to damage: Mistaken identity or accidental marking.
- Permission: If the property owner allowed the artwork.
- Not enough evidence: Weak or unreliable police reports, video, or witness statements.
- Misidentification: Someone else may have been responsible.
Because graffiti cases often rely on circumstantial evidence, our property crimes lawyer in Burbank may be able to have charges reduced or dismissed.
Why This Matters for Your Future
Even a misdemeanor graffiti conviction creates a criminal record. This can affect:
- Jobs: Many employers check criminal history.
- College admissions or scholarships: Schools may consider discipline records.
- Immigration status: For non-citizens, vandalism charges can cause problems with visas or green cards.
- Housing: Landlords may reject applicants with vandalism records.
This is why if you are facing a graffiti charge, you must take your arrest seriously.
How Our Defense Lawyer Can Defend You in a Graffiti Case
Our experienced criminal defense lawyer will review your situation and tell you how we can defend you. We will:
- Explain California’s vandalism laws and how they affect your case.
- Review police reports, surveillance videos, and witness statements.
- Question whether damage costs were calculated correctly.
- Negotiate with prosecutors for diversion or reduced charges.
- Represent you in court if the case goes to trial.
Some cases may qualify for diversion programs that allow charges to be dismissed after completing community service or counseling.
Arrested in a Graffiti-Related Incident? Get Legal Help Next
If you or someone you know has been arrested for graffiti, you can secure legal representation to get the best outcome in your situation.
The attorneys at Simmrin Law Group have decades of experience, have served thousands of clients over 20 years, and have handled more than 100 jury trials, including capital murder cases.
Our lawyers do the hard work of gathering documents, police reports, texts, and video evidence to build the strongest defense possible. We are ready to handle any case, in any California court, or even in federal court if needed.
If you have been arrested for a graffiti-related incident, you should call a lawyer immediately.
Contact us today for a free consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form