Vandalism is often thought of as a minor property crime, but in California it can become a felony depending largely on the amount of damage involved. California Penal Code Section 594 makes it a crime to maliciously deface, damage, or destroy real or personal property that is not your own. Graffiti, tagging, scratching a vehicle, breaking windows, damaging a business, or destroying someone’s belongings can all potentially lead to a vandalism charge.
When Is Vandalism a Felony in California?
The most important number in a California vandalism case is $400. If the amount of defacement, damage, or destruction is less than $400, the offense is generally a misdemeanor. If the damage is $400 or more, Penal Code § 594 allows the offense to be prosecuted as either a misdemeanor or a felony.
This makes felony vandalism a “wobbler” offense, meaning it can be prosecuted as either a felony or misdemeanor depending on the circumstances.
The amount of alleged damage can therefore be extremely important. A case involving damage near the $400 threshold may turn on repair estimates, cleaning expenses, replacement costs, photographs, receipts, and whether all of the claimed damage was actually caused by the defendant.
What Are the Penalties for Felony Vandalism?
When the alleged damage is $400 or more, a felony conviction under Penal Code Section 594 can expose a defendant to 16 months, two years, or three years of incarceration. The statute also permits a fine of up to $10,000. If the amount of damage is $10,000 or more, the potential fine can increase to as much as $50,000.
When the damage is less than $400, vandalism is generally a misdemeanor punishable by up to one year in county jail, a fine of up to $1,000, or both.
What Does the Prosecutor Have to Prove?
To convict someone of vandalism, prosecutors must prove that the person maliciously defaced property with graffiti or other inscribed material, damaged property, or destroyed property that the defendant did not exclusively own. California law defines graffiti or other inscribed material broadly to include an unauthorized word, figure, mark, inscription, or design that is written, marked, etched, scratched, drawn, or painted on property.
So what does that mean in everyday terms?
Defacing property can include spray-painting a wall, writing on a storefront window, drawing on a sidewalk or building, placing unauthorized markings on a sign, or scratching words or designs into property. Importantly, the marking does not necessarily have to be permanent. California courts have recognized that a removable marking can still constitute defacement. For example, writing on a glass window with a marker was sufficient even though the writing could be removed.
That means something like water-soluble paint or watercolor could potentially qualify as defacement even if it can later be washed away. The fact that the material is easily removable does not automatically prevent a vandalism charge. However, how easily it can be removed—and whether any actual cleaning, repair, or restoration expense was incurred—may become extremely important when determining the amount of damage and whether the case reaches the $400 felony threshold.
Damaging property means physically harming it without necessarily destroying it completely. Examples could include keying a car, cracking a windshield, kicking a dent into a door, breaking a light fixture, or damaging a business sign.
Destroying property generally involves more serious damage—for example, smashing an item so that it can no longer be used, completely breaking a window or fixture, or destroying another person’s personal property.
Defenses to a California Vandalism Charge
A vandalism accusation does not automatically mean someone is guilty. The circumstances surrounding the incident matter. Was the damage accidental rather than malicious? Can the prosecution prove who actually caused it? Is the alleged repair bill inflated? Did some of the damage already exist?
The dollar amount can be particularly important in a felony case. If the prosecution cannot prove beyond a reasonable doubt that the amount of damage was at least $400, it cannot establish the $400-or-more allegation required for felony-level vandalism.
Our Attorneys Work to Reduce or Dismiss Charges
A vandalism case can move quickly from what appears to be a minor property dispute to a serious criminal charge—especially when prosecutors claim the damage exceeds $400. Do not assume the prosecution’s damage estimate is accurate or that a vandalism charge cannot be successfully challenged.
At Stephen G. Rodriguez & Partners, we defend individuals accused of misdemeanor and felony vandalism throughout Los Angeles County. We examine the evidence, challenge questionable repair and damage estimates, identify weaknesses in the prosecution’s case, and fight to keep a felony vandalism accusation from unnecessarily affecting your future.
If you or someone you care about has been arrested or charged with vandalism in Los Angeles, call Stephen G. Rodriguez & Partners today. The sooner an experienced criminal defense attorney gets involved, the more opportunities there may be to protect your record and your freedom. Call 213-481-6811.