Being charged with vandalism under California Penal Code 594 means the prosecutor believes you maliciously damaged, destroyed, or defaced someone else's property. It is a serious accusation, and the penalties depend almost entirely on the dollar value of the alleged damage. These consequences range from a misdemeanor with fines to a felony with potential time in state prison.
The most challenging part of this charge for the prosecution is proving the word "maliciously." They must show that you intended to commit a wrongful act or to annoy or injure another person. This specific requirement of intent is also where many strong defenses are built. An act that is accidental or careless, even if it results in damage, is not criminal vandalism.
There is a clear path to challenge these accusations. It starts with understanding exactly what the charge entails, what the prosecution must prove, and what defenses you use to protect your future.
If you have questions about a vandalism charge in California, our team is here to help. Our firm is available for consultations 24/7. Call Chudnovsky Law at (213) 212-5002 to discuss your case.
Key Takeaways for Vandalism Charges in California
- Penalties are tied directly to the dollar value of the damage. The line between a misdemeanor and a felony is $400, making the valuation of the damage a central point of contention in your case.
- The prosecution must prove you acted "maliciously." An accident is not a crime; if there was no intent to harm or annoy, the legal definition of vandalism is not met.
- A conviction creates lifelong barriers. Beyond fines and jail, a criminal record affects employment, housing, immigration status, and results in a driver's license suspension for up to two years.However, options such as expungement of criminal records may help reduce these long-term impacts.
What Does a Vandalism Charge Actually Mean in California?
You have been charged under PC 594, but the legal terms "vandalism" or "criminal mischief" cover a surprisingly wide range of actions.
What Actions Count as Vandalism?
The damage does not have to be permanent to qualify as vandalism. Something as simple as using a marker on a public bench, "egging" a house, slashing tires, or keying a car leads to a charge. The law applies to both real property, like buildings and fences, and personal property, such as a phone, a laptop, or a vehicle.
Interestingly, the law even applies to property you own jointly with someone else. This is a common point of confusion in domestic disputes. If you and your spouse co-own a television and you smash it during an argument, you may be charged with vandalizing it.
How Does the Law Define "Maliciously"?
This is the central question in any vandalism case. The prosecution must prove beyond a reasonable doubt that you acted with a wrongful intent to injure or annoy someone else. Without this element of malice, there is no crime of vandalism.
An accident is not a crime. If you unintentionally caused damage, you did not act maliciously. For instance, if you were trying to parallel park and accidentally scraped the car behind you, you have caused damage, but you have not committed vandalism. Similarly, if you swerved your bicycle to avoid a pedestrian and crashed into a storefront window, your actions were not malicious.
How Are the Penalties Determined?
In California, a single financial threshold is the dividing line between a misdemeanor and a potentially life-altering felony. The entire case hinges on the alleged cost of repair or replacement.
- Damage less than $400: This is typically charged as a misdemeanor. The penalties include up to one year in county jail, a fine of up to $1,000 (or up to $5,000 if you have a prior vandalism conviction), community service, and probation.
- Damage $400 or more: This is a "wobbler," a term that means the prosecutor has the discretion to charge it as either a misdemeanor or a felony. Their decision is usually based on the severity of the damage and your criminal history.
- Felony Vandalism: If convicted of felony vandalism, you face up to three years in jail and fines up to $10,000. If the damage exceeds $10,000, that fine rises to $50,000.
Beyond fines and jail time, there are other consequences. A conviction for vandalism also leads to a driver's license suspension for up to two years. The court imposes this suspension even if the act of vandalism had nothing to do with a motor vehicle.
A criminal defense lawyer's work is to scrutinize how the prosecution plans to prove each of these points, looking for weaknesses, inconsistencies, and opportunities to challenge their narrative.
Common Scenarios That Lead to Vandalism Charges
Our firm handles cases stemming from a variety of common, human situations.
These scenarios include:
- Domestic Disputes: In a moment of anger or frustration with a partner or family member, a phone is thrown against a wall, a laptop is broken, or a car window is smashed. Because the property is commonly jointly owned, many people are shocked to find themselves arrested for vandalism.
- Juvenile Mistakes: Teenagers or college students engage in pranks like graffiti or property damage without fully considering the consequences. What seems like a harmless act quickly escalates into a criminal matter that jeopardizes their academic and future career prospects.
- Bar Fights or Arguments: A disagreement that starts inside a bar or restaurant spills outside. Tempers flare, and a car is keyed, a tire is slashed, or a window is shattered. Alcohol is frequently a factor in these situations, but it is not a legal excuse.
- Protests and Large Gatherings: In the confusion of a large crowd, it is easy to be in the wrong place at the wrong time. We see cases of mistaken identity where an individual is wrongly blamed for damage committed by others in the group.
- Misunderstandings Over Consent: A person may genuinely believe they have permission to alter property. This occurs in landlord-tenant disputes over modifications to an apartment or in commissioned art projects where the final result is not what the property owner expected.
How You Build a Defense Against a Vandalism Charge
A strong defense focuses on undermining one of the core elements the prosecutor needs to prove: that you were the one who caused the damage, that you did so maliciously, and that the damage amount meets the alleged threshold.
Our practice focuses on investigating the following angles:
It Was an Accident (Lack of Malicious Intent)
As mentioned, this is the most common and effective defense against vandalism. The prosecution is responsible for proving you intended the damage. If we introduce reasonable doubt about your intent, the charge does not stand.
Example: You are helping a friend move. As you carry a heavy bookshelf down a narrow hallway in their apartment building, you accidentally scrape a long gash into the wall. You caused damage, but you did not act with malice. This is a civil matter for the landlord, not a criminal one.
Mistaken Identity
Were you identified from a grainy, poorly lit security camera? Was the eyewitness standing far away, or do they have a known bias against you? The prosecution must prove, beyond a reasonable doubt, that you—and not someone else—committed the act.
We scrutinize the evidence used to identify you. This includes challenging photo lineups, questioning the reliability of eyewitness testimony, and presenting alibi evidence that shows you were somewhere else at the time of the incident.
False Accusation
Unfortunately, these charges sometimes arise from anger, jealousy, or a desire for revenge. This is particularly common in the context of messy breakups, divorces, or other personal conflicts. The accuser may be motivated to fabricate or exaggerate a claim of vandalism to gain leverage in another legal dispute, such as a child custody battle.
In these cases, we investigate the accuser's motives, look for inconsistencies in their story, and gather evidence from other sources that contradicts their claims.
You Had the Owner's Consent
If the property owner gave you permission to do what you did, there is no crime. Consent is a complete defense. The key is to produce evidence of that permission, which may be a text message, an email, a contract, or witness testimony.
Example: An artist is commissioned to paint a mural on the side of a building. The owner approves the design. Halfway through, the owner changes their mind and, in a dispute over payment, reports the artist for vandalism. The artist's prior consent from the owner is a full defense to the charge.
Challenging the Damage Amount
The difference between a misdemeanor and a felony is just a few dollars on an inflated repair estimate provided by the alleged victim. Prosecutors typically rely on a single quote without verifying its accuracy. We challenge the valuation of the damage with the help of an experienced California felony defense lawyer.
This involves getting independent repair estimates, consulting with experts to assess the pre-existing condition of the property, or arguing that the replacement cost is unreasonable. By demonstrating that the damage is less than the $400 felony threshold, it is possible to have a felony charge reduced to a misdemeanor, which significantly lowers the potential penalties.
A thorough investigation into these areas reveals the holes in the prosecution's case. This creates the leverage to negotiate a dismissal, a reduction in charges, or to win a not-guilty verdict at trial.
What's at Stake? The Long-Term Consequences of a Conviction
A conviction leads to:
- A Permanent Criminal Record: This record will appear on background checks for the rest of your life. It makes it much harder to get a job, especially in fields requiring a license or security clearance. It is also a reason for landlords to deny your rental application or for a university to reject your admission.
- Immigration Consequences: For non-U.S. citizens, a vandalism conviction is considered a crime involving moral turpitude. This affects your immigration status, making you ineligible for a green card, citizenship, or even leading to deportation.
- Driving Privileges: As noted earlier, the court has the authority to suspend your driver's license for up to two years. For many Californians, the inability to drive means the inability to work, attend school, or care for family members.
- Financial Burden: In addition to court fines, you will almost certainly be ordered to pay restitution to the victim. This means you must pay for the full cost of the repairs or the replacement value of the damaged property, which is thousands of dollars.
The goal of a strong legal defense is not just to address the immediate penalties of a potential sentence. It is to prevent these long-term consequences from ever materializing. By pursuing a dismissal, an acquittal, or even a plea to a lesser charge that is later expunged, it is possible to protect your record and your future opportunities.
Frequently Asked Questions About Vandalism Charges
Do I need a lawyer for a misdemeanor vandalism charge?
Even a misdemeanor conviction carries the possibility of up to one year in jail, a permanent criminal record, and a driver's license suspension. Having an California misdemeanor defense lawyer represent you provides the best chance to get the charges reduced or dismissed.
What if I was with people who committed vandalism, but I didn't do anything?
This is a classic "mistaken identity" or "false accusation" scenario. Simply being present when a crime is committed is not a crime itself. However, a prosecutor might try to argue you were an accomplice. A defense attorney works to separate your actions from the actions of others and show the prosecutor you were merely a bystander with no intent to participate.
The police want to talk to me. What should I do?
You have the right to remain silent and the right to an attorney. You should politely decline to answer any questions or make any statements without your lawyer present. Anything you say is used against you, even if you believe you are explaining your innocence. The best course of action is to state, "I am going to remain silent, and I would like to speak with my lawyer."
Can I be charged for vandalizing property in Los Angeles that I own with my ex-spouse?
Yes. California's vandalism law explicitly applies to property that you own jointly with another person. Damaging shared property out of malice during a dispute leads to a criminal charge, just as if you had damaged a stranger's property.
I was arrested for graffiti. Are the penalties different?
Graffiti is prosecuted as a form of vandalism under PC 594. If the cost to clean up the graffiti is under $250, it is sometimes charged as a lesser infraction, which is punishable by a fine and community service. However, repeated offenses or more significant damage will lead to standard misdemeanor or felony vandalism charges with the possibility of jail time and higher fines.
Let Us Fight to Protect You
At Chudnovsky Law, we regularly help people in Los Angeles and the surrounding communities who are facing vandalism charges. We understand the stress and uncertainty that come with being accused of a crime, and we are here to provide clear guidance.
Our multilingual attorneys are fluent in Spanish, French, Italian, Amharic, Hebrew, and Portuguese. We are available 24/7 to listen to your story and explain your options.
Call us at (213) 212-5002 to begin building your defense.