Vandalism Charges in San Diego County

What Is Vandalism Under California Penal Code 594 (PC)?

In California, vandalism, sometimes called “criminal mischief” or “malicious mischief,” isn’t limited to graffiti —although that’s one of the most common types. Anyone who purposefully damages, defaces, or destroys another person’s real or personal property can be charged under Penal Code 594 (PC). Examples of acts that could result in someone facing vandalism charges include:

• keying someone’s car
• breaking a store window
• knocking over a gravestone
• defacing a movie theater poster
• spray-painting a mural without the property owner’s permission
• using a marker to write your name on a bus seat
• smashing your ex’s television
• damaging a plant to take a clipping

You can also face vandalism charges for damaging property during a hit and run.

Is Vandalism a Felony or Misdemeanor in California?

Under 594 (PC), vandalism can be filed as a felony or misdemeanor. If the damage costs under $400 to fix, you will face misdemeanor charges under 594(b) (PC). When the damage costs more than $400, the crime is filed under 594(a) (PC), which is a wobbler, meaning it can be filed as a felony or a misdemeanor.

Vandalism Penalties in California

Potential sentencing for a case will be based on the specific charges:

Misdemeanor Vandalism Under 594(b)(1) (PC)

For a first offense where the replacement or repair costs are less than $400, the maximum penalty includes:

• one year in jail
• $1,000 in fines
• court-ordered community service
• one year of probation
• victim restitution
• counseling

Misdemeanor Vandalism Under 594(a) (PC)

When the damage value is over $400, and the charge is filed as a misdemeanor, sentencing can be up to:

• one year in jail
• $10,000 in fines (or up to $50,000 in fines if there were over $10,000 in damages)
• court-ordered community service
• one year of probation
• victim restitution

Felony Vandalism: 594(a) (PC)

If prosecutors choose to file felony charges in cases involving more than $400 in damages, penalties can include up to:

• three years in prison
• $10,000 in fines (or up to $50,000 in fines if there were over $10,000 in damages)
• court-ordered community service
• two years of probation
• victim restitution

Misdemeanors Involving Repeat Offenders: 594(b)(2) (PC)

When the property damage is valued at less than $400, and the defendant has a previous vandalism conviction, maximum sentencing includes:

• victim restitution
• one year in jail
• $5,000 in fines
• court-ordered community service, typically served as graffiti removal
• one year of probation

What Happens If a Minor Is Accused of Vandalism?

Vandalism is one of the most common crimes committed by teens. Fortunately, juvenile courts are focused on reform over punishment.

“In my experience, courts are very open to allowing juveniles accused of vandalism to participate in a diversion program, which will allow them to keep the offense off their criminal records,” explains Liss. “When diversion programs are not offered, judges are more likely to sentence juveniles to probation than juvenile hall, unless there is a compelling reason for them to be detained.”

Like adults, juveniles may still be required to pay restitution and perform community service. If they cannot pay restitution, their parents may be required to pay. Parents can even be sentenced to community service under 594 (PC).

If your child has been arrested for vandalism or you received a notice to appear, please contact a San Diego juvenile defense attorney.

Domestic Violence and Vandalism Charges

“Intentionally defacing, damaging, or destroying community property or property that belongs to a current or former intimate partner may be considered to be a form of domestic violence,” warns Liss. These cases can result in additional consequences, including restraining orders, longer probation periods, and mandatory batterer intervention classes.

Learn more about domestic violence cases in Vista.

Circumstances That Can Increase Vandalism Consequences

In some cases, the prosecution may push for sentencing enhancements if the act was a hate crime, gang-related, or resulted in property damages valued at over $50,000.

When Vandalism is a Hate Crime

Hate crime allegations can be applied if the victim was targeted based on characteristics such as their actual or perceived race, ethnicity, country of origin, religion, gender, sexual orientation, or disability. Under 422.7 (PC)² and 422.75 (PC)³, hate crimes can result in an additional one to three years to a defendant’s jail or prison sentence and may result in misdemeanor offenses being charged as felonies.

Vandalism Related to Gang Activity

Gang-related vandalism can result in additional sentencing under 186.22 (PC)⁴, which is punishable by an additional 180 days in jail if the original offense was a misdemeanor or up to 4 years in prison for a felony.

High-Damage Enhancements

Under California Penal Code 12022.6 (PC)⁵, felony charges in cases involving property damage over $50,000 can result in one year of additional prison time. These enhancements keep being added as the amount of damage goes up, specifically:

• Two additional years for damage valued at over $200,000
• Three additional years for damage valued at over $1,000,000
• Four additional years for damage valued at over $3,000,000

Defenses to California Vandalism Charges

There are many ways to fight these charges, but each case requires its own unique defense. Always speak with your attorney before attempting to defend yourself. Common defenses include:

Lack of Intent

Proving malicious intent is a critical element of 594 (PC). If you accidentally damaged someone else’s property, this is a strong defense; however, you could still be held liable for repair or replacement costs in civil court.

Mistaken Identity

In these cases, victims or witnesses sometimes wrongly identify who committed the crime. If there is insufficient evidence that you were involved, this could be a defense.

Insufficient Evidence

The prosecution is required to provide proof beyond a reasonable doubt. Sometimes your attorney may be able to file motions challenging the evidence against you, which can further complicate the prosecution’s ability to prove the charges.

You Owned the Property

If the property is exclusively yours, you did not commit a crime. However, you cannot legally vandalize jointly owned property.

You Had Permission

If you had the owner’s permission, this could be a strong defense. For example, if you have permission to spray paint a mural on a building, the police should not arrest you for graffiti.

No Damage

The prosecution must show the defendant defaced, damaged, or destroyed property. Even if you did something to another person’s property that they did not approve of, you did not necessarily violate the law if the property was not harmed in any way.

Exigent Circumstances

In an urgent emergency, you can legally damage doors, windows, and similar access points on a locked car, home, or other structure if no other immediate, reasonable solution exists. “In fact, California law explicitly allows individuals to break windows to help animals locked in hot cars,” Liss says.⁶

Plea Agreements

Sometimes the best solution is to negotiate a plea bargain to minimize the charges or sentencing you will face. This strategy can be very useful if the repair or replacement value is close to the $400 threshold, as your attorney may be able to ensure the charges are filed under 594(b) (PC), rather than the more serious 594(a) (PC).

Can Vandalism Charges Be Dropped or Dismissed?

Yes. If there is insufficient evidence or other just cause for the prosecution to prove the charges, it is possible for the District Attorney or judge to choose to drop the case.

What Happens If the Damage Is Repaired?

“Sometimes the District Attorney has agreed to drop the charges after the property owner says they do not wish to press charges because I worked with them to have my client repair or pay for the damage,” explains Liss. However, filing decisions ultimately rest with the District Attorney, who may still choose to press charges against the victim’s wishes.

Call a Vandalism Defense Attorney

Do not talk to the police, prosecutors, or the victim without your lawyer present. If you have been accused of vandalism in Vista or North San Diego County, please call attorney Peter M. Liss at (760) 643-4050 to schedule a free consultation to discuss your case. Your lawyer can help you develop the best possible defense strategies based on your unique circumstances.