Graffiti offenders frequently have no idea how seriously the legal system takes this allegation. The truth is that the severity of the punishment will depend on how much it will cost to repair the vandalized property and whether or not the person who was detained has previously been convicted of vandalism. Continue reading for more information or call Law Office of Michael L. Fell at (949) 585-9055 to schedule a free legal consultation.
Graffiti Vandalism Penalties for $250 or Less Damages
The prosecutor may choose to employ a different penalty structure that results in less severe fines than other possibilities if the graffiti caused $250 in damage or less, although this is entirely up to the prosecutor. They might also accuse you of vandalism under the standard misdemeanor charges, which carry a maximum sentence of one year in county jail. Depending on whether this is your first, second, or subsequent conviction if you are charged with the lesser offense, you will receive a different punishment.
The First Verdict for Graffiti Vandalism with $250 or Less in Damages
It should be considered an infraction if you have never been convicted of vandalism before. Up to $1,000 in fines and the judge's designated number of hours of community service are among the sanctions. Remember that an infraction is not a formal conviction; it is comparable to receiving a traffic ticket.
Graffiti Vandalism with Damages of $250 or Less: Second Conviction
If a person is found guilty of vandalism that would only cost $250 to fix and they have a prior vandalism conviction, the case is upgraded to a misdemeanor. The punishment may consist of a judge-determined number of hours of community service, a fine of up to $2,000, and up to six months in county jail.
The Third Conviction for Vandalism with Graffiti Causing $250 or Less in Damages
If someone is found guilty of vandalism a third (or subsequent) time, they could spend up to a year in county jail, pay penalties of up to $3,000, and perform community service the judge deems appropriate. To avoid receiving a third conviction for graffiti vandalism in these circumstances, it is frequently preferable to negotiate a plea agreement with the prosecution.
Work with a Lawyer to Lessen the Punishments
Do not presume that these are straightforward felonies for which a lawyer is not necessary. The truth is that you will have a conviction on your criminal record for years if it is for anything other than an infraction. To schedule a free legal consultation, call Law Office of Michael L. Fell at (949) 585-9055 right away.