Vandalism - defined in California Penal Code Section 594 as a malicious act that damages, destroys, or defaces with graffiti any real or personal property - brings with it the possibility of serious penalties, including jail or prison time, fines, restitution, and loss of driving privileges. A wide variety of acts fall under the definition of vandalism, but some of the common examples include defacing a park bench or statue, damaging cemetery monuments, breaking windows on a home or business, or spraying paint on a freeway or building.
Vandalism can be charged as either a misdemeanor or a felony depending on the dollar amount of the damage caused and prior convictions. If the cost of the damage is less than $400, misdemeanor charges are filed. People convicted of misdemeanor vandalism face up to one year of jail time and up to $1000 in fines. If the cost of the damage is $400 or more, felony charges are filed, with the possibility of up to one year in jail or prison and up to $50,000 in fines. As mentioned above, prior vandalism convictions can change what would be misdemeanor vandalism to a felony.
If the vandalism is graffiti, the penal code allows judges to order the person who caused the damage to clean up the property and keep it free of graffiti for one year. In addition, local governments in which graffiti vandalism takes place are designated under state law as "victims," allowing them to seek restitution from taggers to fund repair and restoration of damaged property.
Finally, California Vehicle Code Section 13202.6 requires the DMV to suspend driving privileges for up to two years for conviction for any form of vandalism. If the convicted person doesn't yet have a driver's license, the court issues an order requiring that the license be delayed for up to three years after the date that the person becomes eligible to drive.
Defense of vandalism requires an experienced and knowledgeable attorney. Nancy King, with 20 years in criminal law in the Sacramento region, can provide you with an aggressive and effective defense. Contact her at (916) 442-1200 for a free and confidential consultation.
