Most people think of vandalism as a minor crime, but California law punishes it severely. In Los Angeles, vandalism charges are used for everything from graffiti to political acts. This means that many people end up facing a criminal charge even if they never meant to do harm.
Even for those who knew they were breaking the law, the amount of jail or prison time far outweighs the crime. If you or your loved one has been arrested, you need to talk to a Los Angeles vandalism attorney with strong defense experience.
What Is Vandalism?
In California, vandalism refers to the destruction, defacement, or damage inflicted to another’s property. Individuals from all walks of life can be charged for any number of reasons. Examples of vandalism include:
- A woman keys the car of a former boss who did something awful to her.
- During the divorce process, a man argues with his wife in the home they used to share and breaks something they co-own.
- A progressive activist paints the phrase “Black Lives Matter” on a public sidewalk.
- A libertarian activist removes a religious statue from the lawn of a courthouse.
- A man and woman are walking home from their anniversary dinner and decide to sign their names with a heart in the wet cement of their neighborhood’s sidewalk.
In some cases, even small pranks are charged as vandalism. Whether you were falsely accused of vandalizing the property of another, or made a mistake and committed the offense, it is crucial to contact a qualified Los Angeles vandalism lawyer to help you.
How the State of California Defines Vandalism
All of this is possible because of the broad way the law defines vandalism. Under California Penal Code 594, vandalism is defined as doing any of the following to someone else’s property:
- Defacing it with graffiti or any other inscribed material
- Damaging it in any way
- Completely destroying it
The prosecutor only has to prove that you did one of these three things to convict you. And because both “damaging” and “defacing” can be interpreted in many ways, almost anything you do to a property you don’t own can result in a vandalism charge.
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When Is Vandalism a Felony, a Misdemeanor, or an Infraction?
Vandalism is an unusual offense because it can be charged in many different ways. Depending on the circumstances, it can be an “infraction,” a misdemeanor, or a felony:
- Infractions are minor offenses that involve only a citation and a fine, similar to a speeding ticket.
- Misdemeanors are criminal offenses that usually carry jail time.
- Felonies are serious criminal offenses that may carry a prison sentence and involve “convicted felon” status with lifelong effects.
Many laws have very complicated rules about when they do or do not count as felonies. With vandalism, however, the rule is simple: it depends how much the damage was worth:
- Less than $250 in damage will be written up as an infraction (except repeat offenses, which become a misdemeanor).
- Up to $400 in damage may be charged as a misdemeanor.
- $400 or more in damage may be charged as a felony.
It’s very easy to exceed these damage amounts, even by accident. For example, if you slash the tires on your ex-boyfriend’s truck, it seems like a nonviolent act that causes a minor inconvenience. But four tires can easily cost over $400 and the crime then instantly becomes a felony.
If the Victim Is Wealthy, You May Face More Serious Charges
Because of the way the vandalism law is written, you face bigger penalties if the person whose property you vandalized is wealthy. For example, a wealthy person can afford premium high-performance tires that cost more. Thus, the same crime of slashing someone’s tires is more likely to be a felony if the victim is a wealthy car owner.
This is just one of the many reasons why vandalism law is unfair and why you should have an experienced lawyer on your side to help you win your case.
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What Are the Penalties for Vandalism in Los Angeles?
The penalties for vandalism depend on the charge. For instance:
- Infraction for a first offense under $250:
- A fine of up to $1,000 (usually less) and the possibility of community service
- Misdemeanor for repeat offenses under $250:
- Second offense: Up to 6 months in jail, $2,000 in fines, community service, and possible graffiti cleanup
- Third offense (or more): Up to 1 year in jail, $3,000 in fines, community service, and possible graffiti cleanup
- Misdemeanor vandalism up to $400:
- Up to 1 year in jail, $1,000 in fines, graffiti cleanup, and 5 years’ probation, plus
- Up to 2 years of suspended drivers license AND an order to stay away from the vandalized location
- Vandalism as a Felony:
- 16 months to 3 years in state prison,
- Fines and community service determined by the court, plus
- Up to 2 years of suspended drivers license AND an order to stay away from the vandalized location
You may also face more serious penalties if your vandalism is considered a hate crime, involved caustic chemicals, or happened near a highway/freeway.
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What Defenses Can Your Lawyer Use Against a Vandalism Charge?
There are many possible defenses your Los Angeles vandalism attorney can make, and the right one depends on the case. Some of the most common include:
- It was not malicious. If you caused the damage through negligence or by accident, or possibly for some artistic purposes, it is not “malicious” and it’s not vandalism
- The defaced property belongs to you. If it’s yours, it’s not vandalism, even if it was on someone else’s property.
- Freedom of expression. If the “vandalism” happened during a political demonstration, it may be protected by your right to free speech or your right to assemble.
- Insufficient evidence. This is especially powerful when police made mistakes or violated your rights because your lawyer can have evidence thrown out, possibly including your own confession.
It is possible to beat vandalism charges, and lawyers do so all the time. No case is hopeless, and you should not face jail time for a simple act of vandalism.
But these cases are difficult without legal help. You need to have a lawyer by your side from the beginning, even before you answer any of the police’s questions.
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You Could Face Enhanced Hate Crime Vandalism Charges
Damage to property owned by or affiliated with a certain religion, race, nationality or other protected groups may result in a hate crime allegation and increase your penalties. Defacing a house of worship or a statue of a civil rights leader, for example, with a threatening or racial message would result in a felony vandalism charge with a hate crime enhancement.
If you vandalize a place of worship including a church, synagogue, or mosque, then you may be facing a felony under Penal Code §594.3. This charge would mean a 16-month, 2-year, or 3-year county jail sentence, a fine up to $10,000, and felony probation. Your charge would no longer be considered a wobbler if you are facing felony charges and sentencing.
Juvenile Graffiti and Vandalism Charges in Los Angeles
The juvenile courts in Los Angeles are focused on rehabilitation, and a common punishment for graffiti-related juvenile crime is community service hours in which the minor is required to participate in graffiti removal.
After completing these hours, as well as successfully completing court-ordered counseling and paying restitution to the victim, the case could be dismissed through a diversion or deferred entry of judgment program.
Talk to a Los Angeles Vandalism Lawyer for Free
At the Simmrin Law Group, we will listen to you, we will take your side, and we know how to win. Our mission is to defend those who have been accused, no matter what the circumstances. If you or someone you know is facing vandalism charges in the Los Angeles area, it is crucial to hire a seasoned criminal defense lawyer to help you.
Our team of legal professionals will provide you with the best chance to either have your charges reduced or completely dismissed. Let us give you a FREE consultation. Fill out the form to the right or call us to speak with our attorneys today.
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