Vandalism charges can result in large fines and even jail time depending on the amount of damage.
Certain things seem like harmless fun, especially when you are a certain age — egging someone’s house, spray painting a building, or knocking over a mailbox. But destroying or damaging someone else’s property is actually a crime, and can result in criminal charges. In California, this crime is known as vandalism — and it can result in large fines and even jail time.
Under California law, vandalism is defined as: (1) maliciously defacing property with graffiti or other written material; (2) maliciously damaging property; or (3) maliciously destroying property. A prosecutor must also prove that you did not own the property in question, or that you owned it with someone else. The amount of the damage will determine whether the vandalism is charged as a felony or a misdemeanor.
Vandalism is a wobbler offense if the damage is valued at $400 or more. This means that it can be charged as either a misdemeanor or a felony, depending on the facts of the case. The penalties for vandalism range from between one and three years in jail, and/or a fine of up to $10,000. If the damage is extensive, the fine can be even larger. If the damage is valued at less than $400, then vandalism is a misdemeanor offense. The penalties for this type offense are one year in county jail and/or up to $1,000 in fines.
While most people think of vandalism in the traditional sense — teenagers writing graffiti on a building, for example — it can happen in any number of ways. For example, if a husband and wife are having an argument, and the husband punches out a window in anger after she kicks him out of the house, that could be charged as vandalism. He has maliciously destroyed property that they owned together — which qualifies as vandalism. Or perhaps you are mad at a coworker for undermining you at work, and you key their car, leaving a long scratch — this is considered vandalism as well. Essentially, if you damage, destroy or deface property that belongs to someone else or that you own jointly with someone, it can be charged as vandalism.
As a San Bernardino criminal defense lawyer can explain, there are potential defenses to vandalism charges. One defense may be that you were simply not the person who did it; in many cases, it may be impossible to prove who committed a particular act. Another defense may be that you did something by accident, without malicious intent. For example, if your shopping cart scraped up against someone’s car in the grocery store parking lot, a potential defense to a vandalism charge would be that it was completely accidental. You didn’t maliciously hit anyone’s car with your cart; it just hit a rock and you lost control for a moment. A skilled San Bernardino criminal defense lawyer can work with you to develop other factual and legal defenses to a vandalism charge.
If you have been charged with vandalism or other property crimes, you will need a tough, smart lawyer to represent you. At the Chambers Law Firm, we are highly skilled at representing clients who have been charged with violations of California law. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
