Most people think of vandalism as a minor crime, but the law punishes it severely. In Los Angeles, vandalism charges are used for everything from graffiti to political acts. This means that many people end up facing a criminal charge even if they never meant to do harm. And, even for those who knew they were breaking the law, the amount of jail or prison time far outweighs the crime. If you or your loved one has been arrested, you need to talk to a Los Angeles vandalism lawyer.
The Simmrin Law Group can help you. Our mission is to defend those who have been accused—no matter what the circumstances. Let us give you a free consultation. Fill out the form to the right or call us at 310-997-4688 and get your free consultation today.
What is vandalism?
When you think of vandalism, you might imagine teenagers spray-painting a wall—and that is one form of vandalism. However, we see clients from all walks of life being charged for many reasons. Examples of vandalism include:
A woman keys the car of a former boss who did something awful to her
During the divorce process, a man argues with his wife in the home they used to share—and breaks something they co-own
A progressive activist paints the phrase “Black Lives Matter” on a public sidewalk
A libertarian activist removes a religious statue from the lawn of a courthouse
A man and woman are walking home from their anniversary dinner and decide to sign their names with a heart in the wet cement of their neighborhood’s sidewalk
In some cases even small pranks are charged as vandalism. You may remember, for example, when singer Justin Bieber egged his neighbor’s house in 2014. At the time, the Los Angeles Sheriff’s Department suggested he should be charged with felony vandalism!
All of this is possible because of the broad way that the law defines vandalism. Under California Penal Code 594, vandalism is defined as doing any of the following to someone else’s property:
Defacing it with graffiti or any other inscribed material,
Damaging it in any way, or
Completely destroying it
The prosecutor only has prove that you did one of these three things to convict you. And because both “damaging” and “defacing” can be interpreted many ways, almost anything you do to property you don’t own can result in a vandalism charge.
When is vandalism a felony, a misdemeanor or an infraction?
Vandalism is an unusual offense because it can be charged many different ways. Depending on the circumstances, it can be an “infraction,” a misdemeanor or a felony:
Infractions are minor offenses that involve only a citation and a fine—similar to a speeding ticket
Misdemeanors are criminal offenses that usually carry jail time
Felonies are serious criminal offenses that may carry a prison sentence, and involve “convicted felon” status with lifelong effects
Many laws have very complicated rules about when they do or do not count a felonies. With vandalism, however, the rule is simple: it depends on how much the damage was worth.
Less than $250 in damage will be written up as an infraction (except repeat offenses, which become a misdemeanor)
Up to $400 in damage may be charged as a misdemeanor
$400 or more in damage may be charged as a felony
As you can see, it’s very easy to exceed these damage amounts—even by accident. For example, if you slash the tires on your ex-boyfriend’s truck, it seems like a nonviolent act that causes a minor inconvenience. But four tires can easily go over $400 and instantly become a felony. The costs of cleaning spray paint off a building can also be excessive.
We believe there’s also an issue of inequity here. Because of the way the vandalism law is written, you face bigger penalties if the person whose property you vandalized is wealthy. For example, a working class person would likely have tires worth less than $400 on their vehicle, but a wealthier person could afford premium high-performance tires that cost more. Thus, the same crime of slashing someone’s tires is only a felony against wealthy car owners.
This is just one of the many reasons we believe the vandalism law is unfair—and why we want to help you win your case.
What are the penalties for vandalism in Los Angeles?
The penalties depend on the charge:
Infraction for a first offense under $250:
A fine of up to $1,000 (usually less) and the possibility of community service
Misdemeanor for repeat offenses under $250:
Second offense: Up to 6 months in jail, $2,000 in fines, community service and possible graffiti cleanup
Third offense (or more): Up to 1 year in jail, $3,000 in fines, community service and possible graffiti cleanup
Misdemeanor vandalism up to $400:
Up to 1 year in jail, $1,000 in fines, graffiti cleanup and 5 years’ probation, plus
Up to 2 years of suspended drivers license AND an order to stay away from the vandalized location
Vandalism as a Felony:
16 months to 3 years in state prison,
Fines and community service determined by the court, plus
Up to 2 years of suspended drivers license AND an order to stay away from the vandalized location
You may also face more serious penalties under some conditions:
You defaced a place of worship
Your vandalism is considered a hate crime
Your vandalism involved caustic chemicals OR happened near a highway or freeway
What defenses can I use against a vandalism charge?
There are many possible defenses, and the right one depends on the case. Some of the most common include:
It was not malicious. If you caused the damage through negligence or by accident, or possibly for some artistic purposes, it is not “malicious” and it’s not vandalism
The defaced property belongs to you. If it’s yours, it’s not vandalism (even if it was on someone else’s property).
Freedom of expression. If the “vandalism” happened during a political demonstration, it may be protected by your right to free speech or your right to assemble.
Insufficient evidence. This is especially powerful when police made mistakes or violated your rights, because we can have evidence thrown out—possibly including your own confession.
It is possible to beat vandalism charges, and lawyers do so all the time. No case it hopeless—and you should not face jail time for a simple act of vandalism. But these cases are difficult without legal help. You need to talk to a lawyer.
Talk to a Los Angeles Vandalism Lawyer for Free
At the Simmrin Law Group, we will listen to you and we will take your side—and we know how to win. Let us give you a FREE consultation. Fill out the form to the right or call us at 310-997-4688 and get your free consultation today.