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.
