When Is Vandalism a Crime in California?
California law defines vandalism as any malicious damage, destruction, or defacing of another individual’s property. While you may think of childish antics like graffiti tagging or breaking windows as vandalism, California treats the crime seriously. In some instances, vandalism can even be charged as a felony and lead to a prison sentence. Though vandalism can seem like a ‘victimless’ crime, the state determines the severity of punishment based on the dollar amount of the property damaged.
The Definition of Vandalism in California
To prove that you committed the crime of vandalism, a California prosecutor must prove that you did all the following:
- Maliciously used graffiti or other inscriptions to deface property, or otherwise damaged or destroyed property; AND,
- The property defaced, damaged, or destroyed was not owned solely by you.
It’s important to note that you can vandalize property you own jointly with someone else. For example, imagine you key your spouse’s car after a fight. Though you may think of it as your property, if your spouse is also be an owner of the vehicle, you can be charged with vandalism for the damage because you were not the sole owner of the car.
Malicious Defacing with Graffiti
California law specifically expands on what is meant by “graffiti or other inscribed material” in the vandalism statute. There is no requirement that the graffiti or marking has to be permanent, but it always must be unauthorized. This exception allows property owners to request street art for the buildings or personal items without any legal headaches. If you accept a request or commission for tagging, make sure everyone understands precisely what property will be drawn on.
You can illegally deface both real and personal property. So, tagging a park bench, the side of a building, or someone’s suitcase all can lead to vandalism charges.
The Penalties for Committing Vandalism in California
California can charge vandalism as a misdemeanor or a felony. The determination is based on the dollar amount of damage from the vandalism. Any damage, defacing, or destruction that costs $400 or more to repair can be charged as a felony, though it does not have to be. The decision is up to the prosecutor. However, if the amount of damage is less than $400, vandalism is always charged as a misdemeanor.
Misdemeanor vandalism carries a maximum punishment of:
- Up to one year in county jail;
- A fine of up to $1,000; AND,
- Summary, informal probation.
If you have prior vandalism convictions, even if the damage was less than $400, the maximum fine can rise to up to $5,000. Additionally, if you only face a misdemeanor despite the damage being $400 or more, the penalty can increase to up to $10,000. Further, it can go up to $50,000 if you caused more than $10,000 in damage.
For felony vandalism convictions, the maximum penalties include:
- Up to three years in county jail;
- A fine of $10,000, or up to $50,000 if the damage amounted to more than $10,000; AND
- Formal probation.
The terms of probation for a vandalism conviction can include a driver’s license suspension, counseling, and community service, among others.
If you face a vandalism charge in Fullerton, California, contact Chambers Law Firm to set up a legal strategy. Our skilled criminal defense team can be reached at 714-760-4088 or dchambers@clfca.com to schedule a free intake session.
