CALIFORNIA VANDALISM

School • Graffiti • Car • Mail Box • Law
Definition • Consequence

Los Angeles Criminal Defense Attorney

According to the California Vandalism Law, under Penal Code 594, the definition of vandalism is, "Every person who maliciously commits any of the following acts:

• Defaces with graffiti or other inscribed material
• Damages or
• Destroys the real or personal property of another."

Vandalism is recognized as the deliberate damage or destruction of public or private property, without the owner's permission. While subway "graffiti art", keying a parked car, or defacing a street sign may seem inconsequential, these crimes qualify as vandalism by California lawmakers, determined to bring an end to vandalism throughout the state.

• Possession of aerosol containers of paint under 18 (Penal Code 594.1)
• Possession of vandalism tools (Penal Code 594.2)
• Vandalism to a church or synagogue (Penal Code 594.3)
• Vandalism to government facilities or vehicles (Penal Code 640.5)
• Vandalism on or near a highway (Penal Code 640.7)
• Vandalism on a freeway (Penal Code 640.8)
• Vandalism using noxious or caustic chemicals (Penal Code 594.4)

Vandalism: Misdemeanor or Felony
According to the California Vandalism Law, vandalism may fall under the classification of either a misdemeanor or a felony based on the circumstances under which the crime was committed. Despite the mitigating cause of vandalism; indifference, juvenile mischief, creative expression, or malicious intent, there are severe consequences of vandalism that include community service, probation, steep fines, and possible incarceration.

Misdemeanor
First time vandalism charges with minimal damage (less than $400) is generally considered a vandalism misdemeanor and comes with:

• No jail time
• Fines
• Restitution
• Community service
• 3 years of informal probation

• Jail time
• Formal probation
• Restitution
• Community service

Fines for vandalism charges range from $400 to $5,000. In some cases, a vandalism conviction could result in a one-year driver's license suspension.

Elevating a Misdemeanor to a Felony
In some cases a misdemeanor vandalism charge can be elevated to a felony vandalism charge. A prior criminal record, gang involvement, and hate crime implications can all elevate what would be a misdemeanor vandalism charge into a felony vandalism charge. If a gang enhancement (a crime intended to further the gang as a whole) is charged, then not only is the charge a felony but a "strike" - as in California Three Strikes Law. Avoid

Prosecution
In California, particularly Los Angeles and Orange counties, vandals are prosecuted to the fullest extent of the law as a vandalism prevention initiative. Strong legal representation is critically important for anyone who is accused of vandalism, especially when charged with a felony. A skilled legal team may take early action to improve your chances of dismissal or to secure a reduction in charges at the pre-filing stage.

If you have been involved in a California Vandalism charge, please contact the criminal defense attorneys at Stephen G. Rodriguez & Associates to discuss the facts that surround your case.

Please contact us for a FREE CONSULTATION

Law Offices of Stephen G. Rodriguez
633 West 5th Street
26th Floor
Los Angeles, California 90071

Telephone
(213) 223-2173