California Penal Code § 594 PC – Vandalism

Under California law, vandalism isn’t limited to graffiti. According to Penal Code § 594 PC, vandalism includes any act of intentionally damaging, destroying, or defacing someone else’s property without permission. This can apply to private property, public spaces, vehicles, signs, buildings, and more.

Depending on the extent of the damage and prior criminal history, vandalism can be charged as either a misdemeanor or a felony. Understanding the elements of the offense and the possible consequences can make a big difference—especially if you or someone you know is facing charges.

What Is Considered Vandalism?

To be convicted of vandalism in California, the prosecution must prove three things:

1. You maliciously damaged, defaced, or destroyed property.

2. The property did not belong solely to you.

3. The damage caused had a measurable dollar value.

The word “maliciously” means the act was done intentionally and with wrongful intent. Accidents typically do not qualify as vandalism.

Examples of vandalism may include:

• Spray-painting graffiti on walls or fences

• Scratching or keying a vehicle

• Breaking windows

• Defacing public signs

• Slashing tires

• Damaging mailboxes

Misdemeanor vs. Felony Vandalism

The level of the charge depends on the value of the damage.

Damage Less Than $400

• Charge: Misdemeanor

• Penalty: Up to 1 year in county jail

• Fine: Up to $1,000 (or $5,000 with a prior vandalism conviction)

• Other: Community service, probation, and possible driver’s license suspension for minors

Damage of $400 or More

• Charge: “Wobbler” – can be charged as either a misdemeanor or a felony

• Felony Penalties:

  • Jail: 16 months, 2 years, or 3 years in county jail

  • Fine: Up to $10,000 (or $50,000 for extensive damage)

  • Probation, restitution, and mandatory service may also apply

Special Cases of Vandalism

Certain acts automatically trigger more serious charges, regardless of the dollar amount:

• Vandalism to places of worship

• Use of acid or corrosive chemicals

• Defacing or damaging public property like schools or government buildings

• Multiple repeat offenses

Additionally, graffiti vandalism under $250 may be charged under specific graffiti-related laws, with separate penalties.

Legal Defenses Against Vandalism Charges

Several defenses may be used to challenge a vandalism charge, including:

• Lack of intent: You didn’t act maliciously or purposely

• Mistaken identity: You were wrongly accused

• False accusations: Someone else committed the act

• Property ownership: You had joint ownership or permission to alter the property

• Insufficient evidence: The prosecution cannot prove the required elements

A skilled defense attorney will evaluate your case to determine which legal strategies apply.

Additional Penalties and Long-Term Consequences

In addition to jail time and fines, those convicted of vandalism may also face:

• Restitution: Reimbursing the property owner for the cost of repairs

• Community service: Often involving cleaning graffiti or public spaces

• Probation terms: Including counseling, curfews, or other restrictions

• Driver’s license delay or suspension: Especially for minors

• Loss of employment opportunities

• Impact on immigration status for non-citizens

Even after serving a sentence, the conviction can show up on background checks unless it is later expunged.

Juvenile Vandalism Cases

When minors are charged, the case usually goes through juvenile court. Penalties may include:

• Informal or formal probation

• Counseling

• Mandatory school attendance

• Parental liability for restitution

Judges often aim to rehabilitate rather than punish juveniles, but consequences can still be serious.

What to Do If You’re Facing Vandalism Charges

If you’re charged with vandalism under Penal Code § 594 PC, it’s important to act quickly. A conviction can affect your criminal record, finances, and future opportunities. Don’t try to handle it alone. The right legal representation can mean the difference between a criminal record and a clean slate.

Contact Southwest Legal for a Free Consultation

If you or a loved one is facing vandalism charges in California, Southwest Legal is here to help. Our experienced criminal defense attorneys understand the complexities of California law and will fight to protect your rights, your freedom, and your future. Whether you’re dealing with a misdemeanor, felony, or repeat offense, we’ll guide you through the legal process and work to get the best possible outcome. Call us today for a free consultation. Let us defend your rights—starting now.