Vandalism

Under California Penal Code 594, vandalism is the deliberate defacement, destruction, or impairment of an individual's property. Contrary to popular belief, the scope of vandalism transcends mere juvenile misconduct, encompassing a broad range of actions that include unauthorized marking on public surfaces or deliberate harm to property, even within the context of domestic disputes.

Notably, California treats vandalism as a grave transgression, leading to harsh prosecutions of offenders. The penalties for vandalism include substantial fines, probation, imprisonment, or, in the case of juvenile offenders, detention. If you face allegations of vandalism in Fresno, you need the representation of an experienced attorney.

At the California Criminal Lawyer Group, we will assist you in building a solid and compelling defense tailored to your vandalism charges. With our expert legal guidance and advocacy, you can navigate the California justice system with confidence and diligence.

Definition of “Vandalism” Under Penal Code 594

Under Penal Code 594, vandalism consists of willful actions that result in damage, destruction, or defacement of another individual's property. Property includes various forms of tangible property, such as vehicles, buildings, personal belongings, and public infrastructure.

Before the court can find you guilty of a PC 594 violation, the prosecution must prove certain elements beyond a reasonable doubt. These include:

• You defaced property with graffiti or by inscribing, destroying, or damaging it.
• The said property belonged to another person.
• The property you defaced, damaged, or destroyed was:
  • Valued below $400 for a misdemeanor charge.
  • Valued above $400 for a felony charge.

Below are definitions of terms that you need to better understand California vandalism:

Property Defaced With Graffiti Or By Inscribing It

One common form of vandalism is defacing property with graffiti or other inscribed materials. This particular aspect of vandalism is prevalent in urban areas, where graffiti can be seen as an artistic expression or a form of protest. However, under California law, such acts are classified as vandalism and can result in criminal charges.

For example, Kellen, a graffiti artist, spray-painted their signature on the side of a public building without the owner's consent. Even if this act could be perceived as self-expression by the artist, it constitutes defacement of the property and is considered a clear case of vandalism under California law.

Moreover, instances of graffiti on private property, such as a business establishment or a residential home, are also subject to the same legal considerations. If an individual purposefully marks or inscribes graffiti on another person's property without permission, they can be held accountable for committing vandalism.

The act of defacing property with graffiti or other inscribed materials not only causes physical damage but also often results in financial burdens for property owners, who must undertake costly repairs or removal processes.

Property That Does Not Belong to You or Co-Owned With Another Person

The element of property ownership is fundamental in cases of vandalism. It helps determine whether an act constitutes vandalism, particularly when you damage property you do not own or co-owned with another party. The act of defacing the property, even though you are a partial owner, violates the rights of the other co-owner and is subject to charges under California vandalism laws.

For example, Kim and Norris jointly own a storefront in a commercial district. If one of the duo decides to deface the exterior of the building without the other owner's consent, this action would be considered a PC 549 violation.

If you vandalize a public structure or property belonging to a governmental entity, such as a park bench, a street sign, or a public monument, without proper authorization, you can be held accountable for vandalism. This holds even if the property is considered communal and not privately owned.

Maliciously

"Maliciously" denotes the deliberate act of damaging or defacing property without lawful justification or valid reason. If you intentionally spray-paint graffiti on a public building or private residence without the owner's consent or any legitimate reason, this action would be deemed malicious under Penal Code 549. The deliberate and willful intent to deface or damage the property without any valid justification signifies an element of malicious behavior.

For example, Arnold purposefully, without any valid cause, scratches a car parked on a public street, leaving visible marks and damage. Under PC 549, Arnold’s act is considered malicious as it intends to harm or damage the property without lawful authorization.

The Amount Of Damage

The monetary value of the damage serves as a determining factor in the classification of vandalism as either a misdemeanor or felony, with varying penalties based on the degree of harm inflicted.

For example, if you cause minor damage to a public park bench by scratching or engraving initials on its surface, resulting in a repair cost of less than $250, the act would typically be considered a misdemeanor offense. This is because the damage falls within the lower range, categorized as less severe regarding financial impact and repair requirements.

On the other hand, if the vandalism involves substantial defacement resulting in property damage exceeding $400, the offense may be classified as a felony. For example, if you deliberately smash the windows of a storefront or damage valuable public property such as a historical monument, the repair costs could exceed $400, leading to more severe legal consequences.

Penalties, Punishment, And Sentencing For Violating 594 PC

Under California Penal Code 594, the penalties for violating the statute depend on the severity of the offense and the extent of the damage caused.

Misdemeanor Vandalism

For an act to be classified as misdemeanor vandalism, the value of the damage caused must be below $400. The penalties for misdemeanor vandalism can entail the following:

• A jail sentence not exceeding one year.
• A fine not exceeding $1,000 for a first-time vandalism offense.
• A fine not exceeding $5,000 for a second-time or subsequent vandalism conviction.
• Summary or informal probation.
• Restitution for the damages caused.

If the judges post you on probation, the conditions could include the following:

• Having your driving privileges in California revoked for up to 2 years. If you do not hold a driver’s license but are eligible, you could be denied the privilege for one to three years.
• Completing counseling program.
• Completing community service.
• Ensuring that the defaced property remains “graffiti-free” for not less than one year.

Felony Vandalism Under Penal Code 594 PC

Felony vandalism involves the intentional defacement, damage, or destruction of property exceeding a threshold value of $400. Other factors the prosecutor uses to determine your charge are the circumstances surrounding your charges and your criminal history. For example, you face a felony charge if you have a prior misdemeanor conviction.

The penalties for felony vandalism are:

• Serving a jail sentence for 16, 2, or 3 years.
• Probation plus a one-year jail sentence. Conditions for your probation are similar to those under misdemeanor vandalism.
• A fine not exceeding $10,000.
• A fine not exceeding $50,000 if the value of the damaged property is above $10,000.

Penalties, Punishment, or Sentencing For Graffiti With Damage Less Than $250 (Penal Codes 640.5 and 640.6 PC)

Graffiti, characterized by unauthorized markings, inscriptions, or drawings on the property, often constitutes a form of vandalism that can destroy the aesthetic integrity of public and private spaces.

The penalties for graffiti-related offenses involving property damage less than $250 are addressed under Penal Codes 640.5 and 640.6 PC. However, the prosecutor has the discretion to charge you with misdemeanor PC 549.

1. First Conviction

A graffiti offense is considered an infraction per PCs 640.5 and 640.6 if you do not have a criminal history of vandalism. If found guilty, punishment includes fines not exceeding $1,000 and community service.

2. Second Conviction

You face a misdemeanor charge for a graffiti offense involving property damage less than $250 if you have a prior conviction for vandalism. Sentencing for a misdemeanor charge for PCs 640.5 and 640.6 violations is less severe than a misdemeanor conviction under PC 549. The punishment includes:

• Serving not more than 6 months in jail.
• Fines not exceeding $2,000.
• Community service.

3. Third and Subsequent Convictions

You also face misdemeanor charges if you have two or more prior convictions for vandalism, where the court posted you to probation at least once, and you faced charges for graffiti costing under $250 under Penal Code 640.5 or 640.6 PC.

Possible punishment upon conviction includes:

• Serving time in jail for not more than one year.
• A fine not exceeding $3,000.
• Community service.

Penalties For Other Types Of Vandalism

In California, other forms of vandalism that do not fall under the categories above include:

• Vandalizing Places of Worship, California PC 594.3

Under Penal Code 594.3 PC, intentional defacement or damage to any religious property, including churches, mosques, synagogues, temples, or other places of religious worship, is considered a wobbler offense. Unlike other forms of vandalism that involve property values, a PC 594.3 is a wobbler, no matter the cost.

Upon a misdemeanor conviction, you could face the following penalties:

• A fine note exceeding $1,000.
• A jail sentence not exceeding one year.
• Misdemeanor probation.

If you face a felony charge, possible sentencing includes:

• A fine not exceeding $10,000.
• A 16-month, 2-, or 3-year prison sentence.
• Felony probation.

If your crime is considered a “hate crime,” you automatically face a felony sentence. A hate crime involves intimidating or scaring the plaintiff based on their religious beliefs.

Penal Code 594.35 closely relates to PC 594.3. The statute punishes vandalism committed at a cemetery or mortuary.

• Vandalism Involving Caustic Chemicals, California PC 594

Vandalism involving caustic chemicals refers to the deliberate use of corrosive or destructive substances, for example, butyric acid, to deface or damage property. The offense is charged as a wobbler regardless of the value of the damaged property.

If found guilty of a misdemeanor offense, you are subject to a jail sentence not exceeding six months or a fine not exceeding $1,000. If you face a felony conviction, possible sentencing is a 16-month, 2-, or 3- year prison sentence or a fine not exceeding $50,000.

• Vandalizing On Or Near A Highway Or Freeway, California PCs 640.7 and 640.8

If found guilty of violating these provisions, you can face severe penalties, including:

• Serving up to a 6-month jail sentence for a first offense close to a highway.
• Serving up to a one-year jail sentence for a second offense close to a freeway.
• A fine not exceeding $1,000 if the offense occurred close to a highway.
• A fine not exceeding $5,000 if the crime occurred near a freeway.

Expunging a Vandalism Conviction

Expungement involves setting aside a conviction, dismissing the charges, and re-opening the case. In California, individuals with a prior vandalism conviction may seek to expunge their records.

Eligibility for expungement of a vandalism conviction is contingent upon various factors, including the completion of probation, compliance with court-ordered restitution, and adherence to all terms and conditions of the sentence. Demonstrating exemplary conduct, refraining from further criminal activity, and fulfilling all obligations mandated by the court are prerequisites for individuals seeking expungement.

Legal Defenses to Vandalism

Many defense strategies can be employed to challenge vandalism accusations and safeguard individuals' rights within the criminal justice system. These include:

Lack of Intent

Under California law, establishing a lack of intent involves demonstrating that you did not intend to commit the alleged act of vandalism. In legal terms, "intent" refers to the conscious desire or purposeful action to engage in specific conduct, such as defacing, damaging, or destroying property.

When defending yourself in court, you can present evidence that your actions were unintentional, accidental, or lacking the deliberate motive to cause harm or damage. To establish a lack of intent effectively, defendants and their legal representatives can employ various strategies, including presenting witness testimonies, providing documented evidence, and highlighting contextual factors that elucidate the absence of deliberate wrongdoing.

False Accusations

False accusations or misidentifications could be helpful when you are falsely implicated as the genuine perpetrator. Your lawyer can challenge the accuracy and reliability of the prosecution's claims, highlighting potential errors, inconsistencies, or biases that may have led to the wrongful attribution of the alleged vandalism to the accused individual.

Your lawyer could cross-examine witnesses, highlight contradictory statements or testimonies, and present evidence contradicting the prosecution's claims. This may involve introducing alibis, corroborating evidence, or technological data to establish the defendant's presence at an alternative location during the alleged vandalism.

Lawful Justification or Consent

The defense of lawful justification or consent asserts that the alleged acts of vandalism were carried out with legal authorization, legitimate justification, or explicit consent from the affected property owner.

To effectively assert lawful justification or consent as a defense, it is crucial to establish clear evidence demonstrating that the defendant had lawful authority, legitimate permission, or a valid reason to engage in allegedly damaging activities. This may involve presenting documented agreements, contracts, or written permissions that explicitly authorize the defendant's actions regarding the property.

Additionally, demonstrating that the property owner expressly consented to the defendant's conduct, whether through explicit verbal agreements, written communications, or other forms of authorization, can strengthen the defense's position and refute the prosecution's allegations of unlawful behavior.

Insufficient Evidence

When asserting the defense of insufficient evidence, the defendant aims to demonstrate that the prosecution has failed to present convincing or reliable evidence that sufficiently establishes the defendant's guilt beyond a reasonable doubt, as required by the legal standard in criminal proceedings.

The defense of insufficient evidence entails scrutinizing the prosecution's case, including the presented testimonies, physical evidence, and any other supporting materials, to identify any gaps, inconsistencies, or weaknesses that cast doubt on the integrity or reliability of the allegations.

Mistake of Fact or Accident

This defense hinges on demonstrating that the defendant did not possess the requisite intent or knowledge to commit vandalism and that the actions leading to the alleged vandalism resulted from an honest error or misunderstanding of the circumstances.

You may seek to establish that they lacked the necessary awareness or understanding of the situation, thereby precluding any malicious or deliberate intent to damage or deface the property.

Related Crimes to Vandalism, PC 549

When vandalism occurs, it may be associated with other criminal offenses, exacerbating the legal consequences for the accused. These related crimes, when charged in connection with vandalism, can significantly amplify the severity of the charges and the potential penalties involved.

Penal Code 602, Trespass

Under Penal Code 602, trespassing involves unlawfully entering someone else's property without permission. The law encompasses various forms of unauthorized entry, including entering someone's land, property, or dwelling without the owner's consent.

Under this penal code, trespassing can be charged as either an infraction, a misdemeanor, or even a felony, depending on the circumstances and the severity of the offense. The penalties for trespassing can include fines, probation, community service, and, in more severe cases, imprisonment.

Trespassing can occur in different contexts, such as entering private property, agricultural land, or even obstructing the use of public land. Additionally, California law recognizes specific forms of trespassing, including criminal trespass, which involves unlawfully entering or refusing to leave someone's property after being duly notified to do so.

Moreover, certain exceptions and defenses can be raised against a trespassing charge. These may include having the legal right to enter the property, obtaining implied or express consent from the owner, or demonstrating that the property was open to the public during the alleged trespassing.

Penal Code 459, Burglary

Burglary is entering a structure, such as a building, room, or locked vehicle, to commit theft or any other felony. The key element that distinguishes burglary from other crimes is the unlawful entry into a structure with the intent to carry out illegal activities.

California recognizes two types of burglary: first-degree burglary and second-degree burglary. First-degree burglary typically involves unlawfully entering a residence, such as a house or an inhabited dwelling. In contrast, second-degree burglary encompasses unauthorized entry into other types of structures, such as commercial buildings or unoccupied dwellings.

The penalties for burglary in California can vary depending on the circumstances of the crime. First-degree burglary is considered a felony, and a conviction may result in a substantial prison sentence. Second-degree burglary is often treated as a wobbler offense, meaning it can be charged as either a misdemeanor or a felony, depending on the specifics of the case and the defendant's criminal history.

Penal Code, Arson

Penal Code 451 defines arson as deliberately and unlawfully setting fire to a structure, forest land, or property, either with the intent to cause damage or injury or with reckless disregard for the safety of others.

Under this statute, there are different degrees of arson, including first-degree arson, which involves setting fire to an inhabited structure, and second-degree arson, which pertains to the burning of other types of property, such as buildings or land. The penalties for arson in California can be severe, mainly if the act results in bodily harm or significant property damage.

Penal Code 186.22, California’s Criminal Street Gang Enhancement

Penal Code 186.22 PC is commonly known as the California Street Terrorism Enforcement and Prevention Act or the criminal street gang enhancement. This law enhances the penalties for various offenses when committed in connection with a criminal street gang. It is aimed at combating and deterring illegal activities carried out by gangs.

The law applies when a defendant is found to have committed a felony for the benefit of, at the direction of, or in association with a criminal street gang. The penalties can include additional prison time, harsher sentencing, and other enhancements, reflecting the seriousness with which the state of California views gang-related criminal activities.

California Domestic Violence Laws

In California, domestic violence is addressed under various sections of the Penal Code, including Penal Code 243(e)(1), Penal Code 273.5, and others. These laws are designed to protect individuals from abusive behaviors within the context of domestic relationships, including spousal abuse, child abuse, elder abuse, and abuse between individuals in a dating relationship.

Domestic violence is not limited to physical harm but also includes emotional abuse, threats, stalking, and other forms of coercive control. When you are charged with domestic violence, the penalties can range from restraining orders and protective orders to criminal charges that may lead to fines, mandatory counseling, or imprisonment, depending on the severity of the offense.

Penal Code 591, Damaging A Telephone Or Electrical Line

Penal Code 591 PC addresses the offense of damaging a telephone or electrical line. According to this code, it is illegal to willfully and maliciously damage, destroy, or obstruct any line, wire, or cable used for conducting electricity or communication. This law aims to protect the integrity and functionality of telecommunication and electrical systems in the state.

Violations of Penal Code 591 PC can result in criminal charges and potential penalties, including fines and imprisonment. The severity of the penalties can vary depending on the extent of the damage caused and the specific circumstances of the case.

Special Laws For Juveniles Convicted Under PC 549

In California, special considerations and procedures are in place when dealing with juvenile offenders involved in vandalism cases. The state aims to provide rehabilitation and guidance for young individuals who have committed offenses, including vandalism.

For juveniles, the emphasis is often on restorative justice and education rather than punitive measures. The goal is to ensure that the youth understand the consequences of their actions, make amends for any damages caused, and receive guidance to prevent future involvement in criminal activities.

Various diversion programs and community service options may be available for juveniles, allowing them to address the harm caused by their actions and learn from their mistakes without facing the full extent of legal penalties.

Find a Criminal Lawyer Near Me

When you learn about vandalism allegations against you in Fresno, you want to know about these charges and the ideal defense strategies. Engaging the services of a seasoned criminal defense attorney is pivotal in such circumstances.

At the California Criminal Lawyer Group, we have experienced lawyers who can offer comprehensive legal guidance, investigate your case to find weaknesses in the prosecution’s evidence, and build a strong defense. For legal counsel and dedicated representation, contact us at 559-712-8377.