Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

The Potential Penalty for Graffiti Depends on the Cost to Repair and If it is a First or Subsequent Offense

It is common for a person charged with graffiti to have no idea just how seriously the courts take this charge. The fact of the matter is that how seriously it is punished will depend on how much it is going to cost to repair the item that has been graffitied, and whether or not the person arrested has a prior conviction for graffiti. Learn more by reading on or contacting Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.

Penalties for Graffiti Vandalism with Damages of $250 or Less

In the event that the graffiti caused $250 of damage or less, the prosecutor can decide that they want to use a different penalty scheme that results in lesser penalties than other options – but this is up to the prosecutor. They may also charge you under the normal misdemeanor vandalism charges that can come with up to one year in county jail. If you are charged under the lesser offense, then the penalty will depend on whether it is your first, second, or subsequent conviction.

The First Conviction for Graffiti Vandalism with Damages of $250 or Less

If you do not have a previous conviction for vandalism, then the infraction should be taken as an infraction. The penalties include fines of up to $1,000 and community service hours as specified by the judge. Note that an infraction is similar to getting a traffic ticket – it is not an official conviction.

The Second Conviction for Graffiti Vandalism with Damages of $250 or Less

When a person is convicted of vandalism that costs less than $250 to repair and has a previous conviction for vandalism, then the case becomes a misdemeanor. The penalty can include as long as six months in county jail, fines of up to $2,000, and hours of community service as set out by the judge.

The Third Conviction for Graffiti Vandalism with Damages of $250 or Less

When a person is convicted of vandalism for a third (or subsequent) time, they can face up to one year in county jail, fines of up to $3,000, and community service hours as determined by the judge. In these cases, it is often best to work out a plea deal with the prosecution to prevent the third conviction for graffiti vandalism.

Work with an Attorney to Reduce the Penalties

Do not assume that these are simple felonies that do not require the help of an attorney. The fact of the matter is that if you are convicted of anything more than an infraction, it will be on your criminal record for years to come. Contact Law Office of Michael L. Fell at (949) 585-9055 now to request a free legal consultation.