I am Accused of Vandalism - What Should I Do? - California Penal Code Section 594
California Penal Code Section 594 defines vandalism as any person who maliciously defaces with graffiti, damages, or destroys any real or personal property. This definition is so broad that it encompasses any sort of destructive or unsightly behaviors. Specifically, one can be charged with vandalism for minor crimes, such as scratching a name into a desk. Essentially, if the property or item does not belong to you and you destroy, deface, or damage it without the owner’s consent – you may be charged with the vandalism.
In order to be convicted of vandalism, the prosecution has the burden to prove that the defendant maliciously defaced with graffiti, damaged, or destroyed real or personal property; and the defendant did not own the property. If the prosecution is charging a felony, it must also be proven that the amount of damage caused by vandalism was $400 or more.
Vandalism is a considered to be a “wobbler.” This means a conviction for vandalism can be a misdemeanor or a felony. A felony conviction is punishable by imprisonment for up to three years in state prison, or a fine of ten thousand dollars ($10,000), or by both fine and imprisonment. Vandalism is usually a felony when the damage was more than $400. However, vandalism committed against a church can be a felony and punishable by up to three years in state prison, regardless of the amount of damage done.
Anyone who is 13 years of age or older and is convicted of vandalism may lose their driving privileges for up to two years. The court can suspend the defendant’s license even if the vandalism has nothing to do with driving.
There are many defenses to vandalism. A defense against vandalism charges can be used if the defendant acted unintentionally and without any intent to destroy the property. In addition, a defendant can not be convicted with vandalism if the defendant damaged or defaced that was their own property. Further, it is a defense if the owner of the property gave the defendant consent to damage or deface the property. Having an attorney is critical to your defense. An experienced Southern California vandalism defense attorney will let you know what defenses will work and which defense will not work.
For more information, go to www.wklaw.com and read our Vandalism section. You will find invaluable information on the charges that you or a loved one may be facing, as well as the possible defenses.
The consequences of being convicted of vandalism are harsh. With so much at stake, it is essential that you speak with an experienced criminal defense attorney before taking any action on your case. Wallin & Klarich has over 30 years of experience defending the rights of our clients. Call us at (888) 280-6839 to learn more about your legal rights. We will be there when you call.
