According to Penal Code 594, vandalism is a criminal offense that involves defacing the government or someone else’s property. The potential vandalism charges and penalties depend on the value of the property you damaged. Destruction of property worth less than $400 attracts misdemeanor charges. Destruction of property exceeding $400 attracts felony charges. A vandalism conviction often attracts severe punishment, including fines and jail terms. If you face vandalism charges, you should hire a skilled criminal attorney to help you create a solid defense. The California Criminal Lawyer Group has a team of reputable Bakersfield attorneys who can help you fight your charges.

Vandalism Under California Law

The meaning of vandalism revolves around several elements. You can only face charges under PC 594 if the prosecutor proves the following elements:

  • You maliciously destroyed, damaged, or defaced property with graffiti or other inscribed material.
  • You did not own the property or owned it jointly with another person.
  • You damaged property less than $400 or more than $400.

Acting Maliciously

Acting maliciously means:

  • Acting with an unlawful intent to injure or annoy another person.
  • Doing a wrongful act deliberately.

You will not be guilty under PC 594 if you accidentally damage someone else’s property.

Defaced With Graffiti

Graffiti or other inscribed material means unauthorized inscriptions, figures, words, or designs written or marked on real or personal property, regardless of their nature. Real property could be land with a home or building on it. Personal property could be a car or furniture inside a house.

Property That You Did Not Own Or Owned Jointly With Another Person

If you damage public property, the jury will presume you do not own it. In this case, you have no authority to destroy, damage, or deface it. Penal Code 594 also covers property you jointly own with someone else. Therefore, you could face vandalism charges if you damage property you jointly own with your spouse.

The Value Of The Damage

The judge can charge you with misdemeanor vandalism if you destroy property worth less than $400. On the other hand, the judge could charge vandalism as a wobbler if you damage property worth $400 or more. In this case, you could face misdemeanor or felony charges. If you face charges for one or more counts of vandalism with a similar intention, the court will charge the crime as one.

You could face felony charges if your vandalism was on property worth $400 or more. However, even if the prosecutor accuses you of felony vandalism, it does not mean the judge will convict you of a felony. If the judge establishes that you committed vandalism but is not persuaded that the damage is worth $400 or more, you could face misdemeanor charges.

Penalties For Violating Penal Code 594

The process of punishing vandalism in California is complex. The punishment is typically imposed as follows:

Misdemeanor Vandalism

You could face misdemeanor charges if you deface property worth less than $400. Misdemeanor vandalism charges can attract the following penalties:

  • Summary or informal probation.
  • A fine that does not exceed $1,000 or $5,000 if you have a prior vandalism conviction.
  • A jail term that does not exceed one year in a county jail.

The following are the potential conditions of informal probation:

  • Maintaining the damaged property or another property in the society ‘’graffiti free’’ for one year.
  • Participating in community service, like replacing, repairing, or cleaning the damaged property.
  • Enrolling for counseling.
  • Suspension of your driver’s license for two years. Your eligibility to obtain a driver’s license could also be delayed for one to three years.

Felony Vandalism

Your crime could be charged as a wobbler if you vandalize property worth $400 or more. You could face misdemeanor or felony charges based on your criminal history and the facts of your case. You will face misdemeanor charges under PC 594 if the property you damaged is worth $400 or more. In this case, you could face the following penalties:

  • A fine that does not exceed $10,000 — You could face a fine that does not exceed $50,000 if you damage property worth $10,000 or more.
  • A jail term that does not exceed one year in a county jail.

You could face felony vandalism charges under PC 545 if you damage property worth $400 or more. In this case, you could face the following penalties:

  • A fine that does not exceed $10,000 - You could face a fine that does not exceed $50,000 if you damaged property worth $10,000 or more.
  • A jail term of up to 16 months, two years, or three years in a county jail.

If you have two prior vandalism convictions and were sentenced or granted probation in any case, you could face a jail term in the current case.

Punishment For Graffiti With Damaged Property Valued At Less Than $250 – Penal Code 640.5 And 640.6

You could face a lesser punishment under PC 640.5 and 640.6 if you damage property with graffiti or other inscribed material and the repair cost was less than $250. The judge can also convict you of normal misdemeanor vandalism under PC 594. If the judge convicts you under PC 640.5 or PC 640.6 graffiti laws, your penalty will depend on whether it is your first or subsequent conviction. Unlike other vandalism cases, you could face charges under PC 640.5 or PC 640.6 if the repair cost is less than $250.

If it is your first vandalism conviction, you can face infraction charges under PC 640.5 or PC 640.6. Infraction charges can attract the following penalties:

  • Community service.
  • A fine that does not exceed $1000.

Graffiti costing less than $250 to repair can be charged as a misdemeanor if it is your second crime under PC 594, PC 640.5 or PC 640.6, or any other vandalism law. Unlike misdemeanor penalties under PC 594, misdemeanor penalties under PC 640.5 and PC 640.6 are usually less severe. The penalties you could face PC 640.5 and PC 640.6 include:

  • Community service.
  • A fine that does not exceed $2000.
  • A jail term that does not exceed six months in a county jail.

The court could convict you of a third vandalism, yet you have a prior sentence or probation and are convicted under Penal Code 640.5 and 640.6. In this case, you could face the following misdemeanor penalties:

  • Community service.
  • A fine that does not exceed $3000.
  • A jail term that does not exceed one year in a county jail.

Other Vandalism Cases And Their Penalties

Penal Code 594 is not the only vandalism statute. Other laws that prescribe various punishments for the crime of vandalism are available. These vandalism laws impose penalties depending on the vandalism you commit or the property you damage.

Vandalizing A Place Of Worship – PC 594.3

It is a crime under PC 594.3 to vandalize a temple, church, or any other place of worship. Your crime could be charged as a wobbler regardless of the cost of repairing the vandalism. Misdemeanor charges can attract the following penalties:

  • Misdemeanor probation.
  • A fine that does not exceed $1000.
  • A jail term that does not exceed one year in a county jail.

Felony charges, on the other hand, could attract the following penalties:

  • Felony probation.
  • A fine that does not exceed $10,000.
  • A jail term of up to 16 months, two years, or three years in a county jail.

You could face an automatic felony sentence if your crime is classified as a ‘’hate crime’’. A hate crime is an offense you commit purposely to scare or intimidate another person based on their religious beliefs.

Penal Code 594.35 is almost similar to PC 594.3. Penal Code 594.35 is the statute that imposes similar penalties for vandalism committed at a mortuary or cemetery.

Vandalism Involving Caustic Chemicals – Penal Code 594.4

Judges usually charge vandalism committed using butyric acid or other similar caustic substance as a wobbler. You could face charges regardless of the amount of damage you cause. You can face misdemeanor charges and a jail term of up to six months in a county jail if you are guilty of vandalism involving chemicals. You could also face a fine that does not exceed $1000. Felony charges can attract a jail term of 16 months, two years, or three years. You could also face a fine that does not exceed $50,000.

Vandalism On Or Close To A Highway Or Freeway – PC 640.7 And PC 640.8

It is a crime under PC 640.7 and PC 640.8 to commit vandalism on or near a highway or freeway. This crime is often charged as a misdemeanor. The penalties you could face include:

  • Community service.
  • Enrolling for counseling.
  • A fine that does not exceed $1000 for vandalism on or near a highway - you could also face a fine that does not exceed $5000 for vandalism on or near a freeway.
  • A jail term that does not exceed six months in a county jail for a first conviction of vandalism near a highway - you could also face a jail term that does not exceed one year for a first or second conviction of vandalism near a freeway.

Expungement Of Your Vandalism Charges

You can erase your criminal record if you receive a probation sentence in a felony or misdemeanor vandalism case. This can only happen if you complete your probationary period. The court could reject your expungement request if you violate probation or fail to comply with the conditions of probation.

Sometimes, the judge could also be willing to reduce your felony conviction to a misdemeanor. The judge can also grant you an early termination of your probation if you adhere to all conditions of probation for the first one or two years.

Defenses Against Vandalism Charges

If you face vandalism charges, you should hire a competent attorney to help create a winning defense strategy. Your attorney will evaluate your charges and formulate the ideal defense to challenge your case. Some of the defenses that you can use to fight vandalism charges include:

False Accusations

In most vandalism cases, false accusations are common. These instances are common in domestic violence cases, which lead to the vandalism of property. Your spouse could accuse you of vandalism as retribution. In other situations, anger or jealousy could propagate the accusation. If you were falsely accused of vandalism, your attorney can allege false accusations to have your charges dismissed or reduced.

Case Of Mistaken Identity

There is a likelihood of a witness misidentifying you in a case. The law enforcement could have acted on the witness’s general description. It could also be possible that you were with the group that damaged the property, but you did not participate. Your case could be dropped if your attorney convinces the judge that you were mistakenly identified.

Your Actions Were Accidental

Typically, vandalism does not result in the loss of property. However, the court could convict you to prohibit others from acting similarly. The prosecutor can allege that you acted with malice. In this case, the burden of proof lies with the prosecutor to prove malice in your actions.

However, despite the losses, your acts should be treated as an accident if they were accidental or unintentional. Your attorney can help you prove that your actions were unintentional or resulted from a lapse in judgment.

You Are A Victim Of A Wrongful Arrest

Sometimes, the actual offender can allege that you are the perpetrator of vandalism to misdirect investigators. The actual perpetrator could even give false testimony. This could happen in a group where one member destroys another’s property and persuades the others that you are the perpetrator.

Your attorney could conduct an independent investigation if you are in this situation. Some witnesses could testify if they knew the actual perpetrator. Additionally, establishing your alibi at the time of the incident could show that you are not the perpetrator. Your attorney could prove in court the witness’s pattern of lying. If your attorney convinces the judge, your charges could be dismissed.

Related Offenses

Various crimes can be charged alongside or instead of vandalism. They include:

Damaging A Telephone Or Electric Line – Penal Code 591

It is an offense under PC 591 to maliciously obstruct, injure, remove, or disconnect any cable, electrical, or telephone line. If the prosecutor accuses you of violating PC 591, he/she must prove the following elements:

  • You illegally disconnected, obstructed, or took down a cable, telephone, or electrical line.
  • You maliciously committed the alleged offense.

A violation of PC 591 is always charged as a wobbler offense. You could, therefore, face misdemeanor or felony charges depending on the circumstances of your case and your criminal record. Misdemeanor charges attract a jail term that does not exceed one year in county jail. Felony charges attract a jail term that does not exceed three years.

You could raise the following defenses against your PC 591 charges:

  • You acted out of necessity.
  • You damaged the telephone or electric line by accident.
  • You had no malice.

Trespass – Penal Code 602

It is a crime under PC 602 to enter someone else’s property without the right to do so. Generally, trespassing means remaining or going to another person’s property without their consent. The acts that are covered by this statute include:

  • Refusing to undergo screening in a courthouse or at an airport.
  • Taking dirt, stone, or soil off of another person’s land without their consent.
  • Staying on private property even after being ordered to leave.
  • Entering and occupying someone else’s property without their consent.
  • Entering another person’s property with the intent to obstruct or interfere with the business activities that are carried out there.
  • Entering another person’s property with the intent to damage that property.

The judge could charge you with a misdemeanor, an infraction, or a felony, depending on the facts of your case. If you face misdemeanor charges, you could face a fine that does not exceed $1000. You could also face a jail term that does not exceed six months in a county jail.

Trespassing can be an infraction offense if:

  • You intentionally entered another person’s land without their consent.
  • The land was fenced or had a ‘’no trespassing’’ warning.

Infraction charges could attract a fine that does not exceed $75 if it is your first crime. You could also face a fine that does not exceed $250 if it is your second crime on the same land.

The judge could charge you with a felony if:

  • You make a believable or credible threat to seriously injure someone else, intending to make the alleged victim fear for their safety.
  • You enter the person’s property within 30 days after making the threat to execute the threat.

Felony or aggravated trespass is often charged as a wobbler crime. In this case, you could face misdemeanor or felony charges. Misdemeanor charges could attract a fine of up to $2000. You could also face a jail term of up to one year in a county jail. Felony charges could attract a fine of up to $10,000. You could also face a jail term that does not exceed three years.

The following are the defenses you could raise against your PC 602 charges:

  • No warning sign.
  • No willful act.
  • The owner permitted you to enter the property.

Criminal Street Gang Enhancement – Penal Code 186.22

Participating in criminal street gang activity is a crime under PC 186.22. Participating in a gang is charged as a separate crime. Committing an offense for the benefit of a street gang enhances your punishment for the underlying crime. If the prosecutor accuses you of participating in a criminal street gang, he/she must prove the following elements:

  • You engaged actively in a criminal street gang.
  • You were aware that the members of the gang participated in a pattern of gang crimes.
  • You promoted, furthered, or willfully assisted felony criminal conduct by the gang members.

Participating actively in gang activities means you are engaged in those activities in a manner that is not just passive.

Additionally, a criminal street gang typically refers to a group or organization of three or more individuals that:

  • Participates in a pattern of criminal gang activity.
  • Has, as one of its main agendas, committed one or several criminal offenses.
  • Has a common identifying symbol, sign, or name.

If the prosecutor accuses you of gang enhancement, PC 186.22b requires that he/she prove the following elements:

  • You attempted or committed an offense for the benefit, in association with, or at the direction of the criminal street gang.
  • When you committed the offense, you intended to promote, further, or assist criminal gang-related behavior.

A violation of PC 186.22a is usually charged as a wobbler crime. You could face misdemeanor or felony charges. If the judge charges you with a misdemeanor, you could face the following penalties:

  • A fine that does not exceed $1000.
  • A jail term that does not exceed one year in a county jail.

If the judge charges you with a felony, you could face the following penalties:

  • A fine that does not exceed $1000.
  • A jail term that does not exceed three years in a state prison.

A violation of PC 186.22b could attract additional prison time. The sentence enhancement you would face could be based on the particular facts of your case. The sentence enhancement can be as follows:

  • If you committed a generic felony, you could face an additional prison term of up to four years.
  • If you committed a serious felony, you could face an additional jail term of up to five years.
  • If you committed a violent felony, you could face an additional jail term of up to ten years.
  • If you committed one of the specific felonies like home invasion robbery PC 213, you could face an additional jail term of up to 15 years to life.

The defenses you could present to challenge your PC 186.22a and PC 186.22b charges include:

  • Not acting for the benefit of a gang.
  • You are not an active member of the gang.
  • No underlying offense.

Find A Criminal Attorney Near Me

Vandalism is a serious offense whose conviction could have severe penalties. You should contact an experienced criminal attorney when you face vandalism charges. We invite you to contact the California Criminal Lawyer Group for reliable legal representation in Bakersfield. We have experienced attorneys who can help you create a strong defense to fight your charges. Contact us at 661-750-8230 to speak to one of our attorneys.