CALIFORNIA PENAL CODE § 594 PC – VANDALISM LAWS

The criminal act of vandalism, as defined under California Penal Code § 594 PC, involves damaging, destroying, or defacing someone else’s property with malicious intent. Vandalism is considered a misdemeanor if the damage incurred is less than $400. However, if the damage amounts to $400 or more, vandalism can be charged as a felony offense.

When the term vandalism is mentioned, many people may associate it with neighborhood kids who end up in the California juvenile court system for damaging mailboxes.

However, vandalism charges in California can encompass a variety of activities that may not immediately come to mind. Some examples of these activities include:

• Breaking shared fine china during a fight with your spouse
• Keying the car of someone you know as an act of revenge for something they have done to you
• Writing your name in wet cement on a city sidewalk.

California Penal Code 594 PC States that:

(a) Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases other than those specified by state law, is guilty of vandalism:

(1) Defaces with graffiti or other inscribed material.

(2) Damages.

(3) Destroys.

Whenever a person violates this subdivision with respect to real property, vehicles, signs, fixtures, furnishings, or property belonging to any public entity, as defined by Section 811.2 of the Government Code, or the federal government, it shall be a permissive inference that the person neither owned the property nor had the permission of the owner to deface, damage, or destroy the property.

(b) (1) If the amount of defacement, damage, or destruction is four hundred dollars ($400) or more, vandalism is punishable by imprisonment pursuant to subdivision (h) of Section 1170 or in a county jail not exceeding one year, or by a fine of not more than ten thousand dollars ($10,000), or if the amount of defacement, damage, or destruction is ten thousand dollars ($10,000) or more, by a fine of not more than fifty thousand dollars ($50,000), or by both that fine and imprisonment.

(2) (A) If the amount of defacement, damage, or destruction is less than four hundred dollars ($400), vandalism is punishable by imprisonment in a county jail not exceeding one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment.

(B) If the amount of defacement, damage, or destruction is less than four hundred dollars ($400), and the defendant has been previously convicted of vandalism or affixing graffiti or other inscribed material under Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7, vandalism is punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=594.&lawCode=PEN

ELEMENTS

In California, the legal definition of vandalism is based on three key facts, also known as the “elements of the crime.” In order to secure a conviction for vandalism under Penal Code 594 PC, the prosecutor must establish all three of these facts:

• That you maliciously defaced, damaged, or destroyed property using graffiti or other inscribed material.
• That you did not own the property or that you co-owned it with someone else.
• That the extent of the defacement, damage, or destruction was either:
  a. Less than $400 in a misdemeanor case, or
  b. $400 or more in a felony case.

EXAMPLE

A teenager is caught spray-painting graffiti on the wall of a public building. The graffiti includes gang-related symbols and profanity. The property belongs to the city and is estimated to have incurred damages exceeding $400. As a result, the teenager is arrested and charged with vandalism under California law. The prosecutor alleges that the teenager maliciously defaced the property without ownership or permission and that the damage caused exceeds the felony threshold of $400, thus meeting the criteria for prosecution under Penal Code § 594 PC.

PENALTIES, PUNISHMENT, AND SENTENCING

The penalties, punishment, and sentencing scheme for vandalism in California can be surprisingly complex.

Misdemeanor vandalism under Penal Code 594 PC

If the value of the damage in a misdemeanor vandalism case is less than $400, the following penalties may apply:

• Up to one year in county jail.
• A maximum fine of $1,000, or up to $5,000 if you have a prior vandalism conviction.
• Informal probation, also known as “summary probation.

Potential conditions of probation for a vandalism conviction may include:

• Suspension of your California driver’s license for up to two years, or a delay of 1-3 years in obtaining a driver’s license if you don’t have one yet.
• Mandatory counseling.
• Community service, which may involve personally cleaning, repairing, or replacing the damaged property.
• Being assigned the task of keeping the damaged property or another property in the community free of graffiti for up to one year.

Felony vandalism under Penal Code 594 PC

When the damage to the vandalized property is $400 or more, Penal Code 594 PC vandalism becomes a “wobbler,” allowing the prosecutor to charge it as either a misdemeanor or a felony. This decision is typically based on the circumstances of the case and your criminal history.

If convicted of misdemeanor vandalism with damage of $400 or more, you could face:

• up to one year in county jail,
• a maximum fine of $10,000 (or up to $50,000 for damage of $10,000 or more),
• and similar probation conditions as mentioned earlier.

For felony vandalism with damage of $400 or more, the potential penalties include:

• either probation with up to one year in county jail, or a jail sentence of sixteen months, two years, or three years.
• Additionally, you may be subject to a maximum fine of $10,000, or up to $50,000 if the amount of the damage was $10,000 or more,
• along with the same probation conditions listed in Section 2.1 above

It’s important to note that if you have two or more prior vandalism convictions and were incarcerated or granted probation in at least one of those cases, you will be required to serve a jail or prison sentence in the current case.

Penalties for graffiti with damage less than $250 – Penal Code 640.5 and 640.6 PC

If the vandalism charge involves defacing property with “graffiti or other inscribed material” and the cost to repair the damage is less than $250, the prosecutor has the discretion to pursue a less severe penalty scheme outlined in Penal Code 640.5 and 640.6 PC.

Alternatively, the prosecutor may opt to charge the individual with normal misdemeanor vandalism under Penal Code 594 PC. When charged under Penal Code 640.5 or 640.6 PC, the potential penalty depends on whether it is the individual’s first, second, or third (or subsequent) graffiti or vandalism conviction.

• First Conviction:

For a first-time conviction of a graffiti offense with no prior vandalism history in California, the penalties under Penal Code 640.5 and 640.6 PC will result in an infraction charge. As such, the penalties will be limited to a maximum of one thousand dollars ($1,000) in fines and community service requirements.

• Second conviction:

If a prior vandalism conviction exists (under statutes such as Penal Code 594 PC or any other California vandalism law), a second offense involving graffiti that costs less than $250 to repair will be considered a misdemeanor.

However, the misdemeanor penalties under Penal Code 640.5 PC and 640.6 PC, California’s graffiti laws, are less severe compared to those under Penal Code 594 PC. These penalties may include up to six (6) months in county jail, a fine of up to two thousand dollars ($2,000), and/or community service.

• Third Conviction:

If you have two or more prior convictions for vandalism in California, where jail sentence or probation was given for at least one of those convictions, and you are charged with graffiti costing less than $250 under Penal Code 640.5 or 640.6 PC, you will be subject to the following misdemeanor penalties:

• Up to one year in county jail
• Fines of up to $3,000
• Community service obligation

Penalties for other types of vandalism

California Penal Code 594 PC is just one of the vandalism laws in California. There are multiple other Penal Code sections that determine penalties for vandalism based on the specific type of vandalism or the type of property that is vandalized, rather than solely considering the cost of the damage.

• Vandalizing places of worship – Penal Code 594.3 PC

Under Penal Code 594.3 PC, vandalizing a church, temple, or any place of worship is considered a wobbler offense, regardless of the damage cost.

A misdemeanor conviction for vandalizing a place of worship may result in:

• Up to one year in county jail
• A maximum fine of $1,000
• Probation conditions

A felony conviction for the same offense may lead to:

• Imprisonment for sixteen months, two years, or three years
• A maximum fine of $10,000
• Probation conditions

If the vandalism is classified as a hate crime, involving intimidation based on the victim’s religious beliefs, it automatically becomes a felony offense.

Penal Code 594.35 PC is a similar law that applies to vandalism at cemeteries or mortuaries, prescribing the same penalties as 594.3 PC.

• Vandalism involving caustic chemicals – Penal Code 594.4 PC

The act of committing vandalism using “butyric acid, or any other similar noxious or caustic chemical or substance” is considered a wobbler offense, regardless of the extent of damage caused.

If vandalism involving chemicals is charged as a misdemeanor, it can result in:

• Up to six months in county jail

If charged as a felony, vandalism involving chemicals can lead to:

• Imprisonment for sixteen months, two years, or three years

Both misdemeanor and felony convictions for this offense can result in a maximum fine ranging from $1,000 to $50,000 (depending on the damage caused to the property), as well as other probation conditions as described earlier.

• Vandalizing on or near a highway or freeway – Penal Code 640.7 and 640.8 PC

Penal Code sections 640.7 and 640.8 PC outline the penalties for acts of vandalism occurring on or near a highway or freeway.

A misdemeanor conviction under either of these sections may lead to:

• Up to six months in county jail for a first conviction of vandalism near a highway, and up to one year for a second conviction or a first conviction of vandalism near a freeway
• A maximum fine of $1,000 for vandalism on or near a highway, and a maximum fine of $5,000 for vandalism on or near a freeway
• Counseling or community service

HOW TO FIGHT CHARGES AGAINST PENAL CODE 594 PC

A competent California criminal defense attorney can present various legal defenses to Penal Code 594 PC vandalism charges on your behalf.

• One possible legal defense to vandalism charges under Penal Code 594 PC is claiming that the act was an accident. If you can show that the damage or destruction of property was unintentional, it can be argued as a defense.
• False allegations or wrongful arrest can also be raised as a defense. In situations where vandalism is associated with domestic violence cases, it is not uncommon for innocent individuals to be falsely accused and wrongfully arrested. Jealousy, anger, or revenge can drive people to make false allegations against someone to gain control or to cover up their own culpability.
• Mistaken identity can also be used as a defense. If you can prove that you were mistakenly identified as the person who committed the vandalism, such as matching a description or being in the presence of those who committed the act, it can be argued as a defense.

It is important to consult with a skilled California criminal defense lawyer who can properly present these defenses on your behalf.

STRATEGIES FOR HANDLING VANDALISM CHARGES INVOLVING MINORS

If your child is arrested for vandalism, it is crucial to seek the assistance of a criminal defense attorney who specializes in vandalism defense and has experience in the California juvenile court system.

Parents of minors facing juvenile charges for vandalism should also be aware that certain penalties may directly impact them, not just their child. For instance, if your child is convicted under California’s vandalism law and is unable to pay fines, you may be required to cover those expenses. Additionally, you may be obligated to assist your child in fulfilling community service requirements if they are sentenced to such punishment.

IMMIGRATION CONSEQUENCES

One primary concern is that vandalism may be classified as a crime involving moral turpitude (CIMT). While vandalism isn’t explicitly listed as a CIMT, the malicious intent required to commit the act can lead immigration authorities to classify it as such, particularly in cases involving significant property damage or repeat offenses. Being convicted of a CIMT can make a non-citizen deportable or inadmissible to the United States. This classification can hinder one’s ability to enter or re-enter the country, secure certain visas, or adjust to permanent residency.

Moreover, a felony conviction for vandalism, especially involving damage exceeding $10,000, might be considered an aggravated felony under immigration law. Aggravated felonies carry the most severe immigration consequences, including mandatory detention and expedited removal, and can permanently bar an individual from re-entering the United States. Additionally, those with such convictions may find it challenging to obtain discretionary relief, such as cancellation of removal or adjustment of status, as these forms of relief are often denied to individuals with serious criminal records.

If you or someone you know is charged with this crime, it is strongly advisable that you also consult with an immigration lawyer. If you do not have or know of an immigration lawyer, the Tabibnia Law Firm can refer you to one.

CAN A DEFENDANT GET A CONVICTION EXPUNGED?

If you receive probation as part of a misdemeanor or felony vandalism case in California, you have the opportunity to clear your criminal record through an expungement after successfully completing the probation period. However, the judge may refuse the expungement if there is a probation violation or failure to comply with all probation terms. In cases of felony vandalism, the court may consider reducing the felony conviction to a misdemeanor. Additionally, the court may approve an early termination of probation if all probation conditions are met within the first year or two.

RELATED CRIMES

• Trespassing – California Penal Code Section 602 PC
• Burglary – California Penal Code Section 459 PC
• Damaging Phone or Electrical Lines – California Penal Code Section 591 PC
• Criminal street gang enhancement – California’s Penal Code 186.22 PC
• Damaging a telephone or electrical line – California’s Penal Code 591 PC

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

Convictions for vandalism can result in severe penalties and have significant implications for individuals found guilty, such as the potential loss of their driving privileges.

For individuals facing vandalism charges, it is imperative to seek knowledgeable and experienced legal representation. Cyrus Tabibnia at Tabibnia Law Firm offers extensive experience in California criminal law and has successfully defended numerous clients against vandalism charges. His comprehensive understanding of both the legal and immigration ramifications of such charges ensures that clients receive the best possible defense.

If you or someone you know is dealing with vandalism charges, contact Cyrus Tabibnia to schedule a consultation and explore your legal options. For more information and to get in touch with Cyrus Tabibnia, call 866-713-2159

Legal References:

• California Penal Code 594 PC – Vandalism.
• Judicial Council of California Criminal Jury Instructions (“CALCRIM”) 2900 – Vandalism
• Penal Code 594.3 PC
• Penal Code 594.4 PC
• Penal Code 594.6 PC