If you or your child has been charged with vandalism, the first thing to do is to understand what this charge means. You can keep reading to get the basic facts. Then contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation with an attorney who has experience with both adult and juvenile court systems in California.

The Definition of Vandalism in California

In California, vandalism is defined as a crime in which a person maliciously defaced with graffiti or another material, damaged, or destroyed property, and who did not own the property. In the event that the damage done was less than $400, it is a misdemeanor but damage of more than $400 can be charged as a misdemeanor or felony. Note that the defacement does not have to be permanent – using a marker to inscribe your initials, for example, is still vandalism.

One of the questions that often arise with this definition is what is meant by “maliciously.” That refers to intentionally doing a wrongful fact or acting with the illegal intent to injure and/or annoy someone. Note that it does not have to include the intent to break the law.

The Value of Repairs is Important

As noted above, vandalism with repair costs of less than $400 will be a misdemeanor while higher repair amounts can be charged as a felony or misdemeanor. However, keep in mind that if a person is charged with several acts of vandalism, and the prosecutor is able to prove they were part of the same plan, then they will be added together. Even if the individual acts did not cause more than $400 in damage, if the collective acts did then they can be charged as a felony.

Potential Penalties for a Vandalism Conviction

The penalty scheme for vandalism in California is actually a bit complicated. If you are convicted of misdemeanor vandalism then you could face up to a year in county jail and fines of up to $1,000, or fines of up to $5,000 if you have a prior conviction for vandalism or you are on informal probation. If you are on probation and are convicted of vandalism, you could also lose your driver’s license for up to two years, be required to go to counseling, and be in charge of keeping the property graffiti-free for a year.

For a felony vandalism conviction, the penalty can include up to three years in prison and fines of up to $50,0000. If you were convicted of vandalism twice (or more) in the past, and you were either sent to jail or given probation for at least one of those cases, then the current conviction will have a prison sentence requirement.

The best way to defend yourself against these potentially serious charges is to get the best criminal defense attorney you can find. Contact Law Office of Michael L. Fell at (949) 585-9055 now to request a free legal consultation.