Vandalism
California Penal Code section 594 defines vandalism as the malicious act of damaging, destroying, or defacing real or personal property belonging to another person or institution. The act of vandalism is typically accomplished by the purposeful destruction of property by means of graffiti, inscription, cutting, breaking or any other means of defamation. Vandalism crimes include destruction or damage to vehicles, signs, buildings, cemeteries or other personal or real property.
Depending on the extent of the damage, a person accused of vandalism could be charged with a felony, face extensive fines, time in the county jail, and in some cases state prison and a “strike” under California’s three strikes law.
Vandalism Penalties
Vandalism can be filed as either a felony or a misdemeanor, depending on the dollar amount of the damage the vandalism caused, and whether the accused had any previous criminal record. If the damage caused by the alleged act causes damages less than $400 and no prior criminal history exists, the accused will usually be charged with a misdemeanor. If the damage exceeds $400, then the accused may be charged with a felony. Depending on whether it is charged as a misdemeanor or felony, a vandalism conviction can result in the following legal penalties:
- Up to One Year in County Jail (Misdemeanor)
- Up to Three Years in State Prison (Felony)
- Fines
- Restitution
- Cal-Trans
- Community service
- Probation
- Driver’s License Suspension
Special circumstances in any given case could result in additional penalty enhancements. For example, when the conduct involves suspected gang members, a street gang enhancement may be charged. Moreover, when the damage is related to a domestic dispute, the special allegations of domestic violence which could require a more severe sentence if the charges result in a conviction. In cases where the property damage exceeds five thousand dollars, special statutes in the Penal Code may be triggered which mandate minimum jail time or state prison.
Los Angeles Vandalism Defense Attorneys
Vandalism is a serious crime in California. If you are charged with vandalism, you will need an attorney to defend your rights. If you or a loved was has been charged with vandalism, it is essential that you call an experienced criminal defense attorney. The attorneys at The Chahine Law Firm will explain to you the possible defenses and will work with you to get the best possible results. Contact us today for a free case evaluation.
