Most people think of vandalism as graffiti or minor property damage, but California law treats vandalism as a serious crime. Depending on the circumstances, vandalism can be charged as either a misdemeanor or a felony.
That means what might seem like a small mistake can lead to prison time, heavy fines, and a permanent criminal record. At Law Office of Michael L. Fell, we help clients accused of vandalism understand their charges, protect their rights, and build strong defenses.
How California Defines Vandalism
Under Penal Code 594, vandalism occurs when someone maliciously damages, destroys, or defaces property belonging to another person. This includes:
- Spray-painting graffiti on buildings,
- Breaking windows,
- Keying a car,
- Destroying landscaping,
- Damaging public property.
Vandalism doesn’t have to be permanent. Temporary damage can still qualify if it interferes with the property’s use or appearance.
When Vandalism Becomes a Felony
Vandalism is considered a “wobbler” offense in California, meaning it can be charged as either a misdemeanor or a felony depending on the facts of the case. Factors that can elevate vandalism to a felony include:
- Value of the damage: If the damage is $400 or more, prosecutors may file felony charges.
- Repeat offenses: Prior convictions for vandalism can increase the severity of charges.
- Gang enhancements: If prosecutors allege the vandalism was gang-related, penalties can be much harsher.
- Location of the damage: Damage to places of worship, schools, or government buildings may result in felony charges.
Penalties for Felony Vandalism
Felony vandalism in California carries severe penalties, which may include:
- Up to three years in state prison,
- Fines of up to $10,000—or up to $50,000 if the damage exceeds $10,000,
- Probation with strict conditions,
- Community service and mandatory counseling,
- Restitution to the property owner.
In addition, a felony conviction creates a permanent criminal record that can impact employment, housing, and licensing opportunities.
What Prosecutors Must Prove
To convict someone of felony vandalism, prosecutors must establish that:
- The property belonged to another person,
- The defendant damaged or defaced it maliciously, and
- The damage was valued at $400 or more.
Prosecutors often rely on property owner testimony, repair bills, photographs, and surveillance footage to prove their case.
Common Defenses Against Vandalism Charges
Being accused of vandalism doesn’t mean you will be convicted. Possible defenses include:
- Lack of intent: If the damage was accidental, it may not qualify as vandalism.
- Mistaken identity: Witnesses or surveillance footage may not clearly identify the suspect.
- False accusations: Personal disputes can sometimes lead to fabricated claims of vandalism.
- Insufficient evidence: If the prosecution cannot prove the value of the damage or intent to damage, charges may not hold.
- Ownership or consent: If you owned the property or had the owner’s permission, vandalism laws may not apply.
Why Legal Help Is Essential
Even misdemeanor vandalism charges can have serious consequences, but felony vandalism can be life-changing. At Law Office of Michael L. Fell, we know how to challenge the prosecution’s evidence, question the valuation of damages, and build strong defenses to protect your rights.
Protect Your Future
If you are facing vandalism charges in California, don’t underestimate the seriousness of the situation. Call Law Office of Michael L. Fell at (949) 585-9055 today to schedule a free consultation and learn how we can fight for you.