Any act of vandalism is a crime in California and can land you in prison. If you have been caught doing graffiti on your neighbor’s wall to even a parking dispute, you can get into serious trouble and can be punished by criminal laws. If you, your friend or your family member is facing vandalism charges, contact Law Office of David S. Chesley for an affordable and effective defense legal representation. We have defended hundreds of graffiti cases in our extensive courtroom experience and have helped our clients with the best outcomes of their cases with almost 95% avoiding prison time.
California’s penal code statute 594 defines the acts of vandalism and prescribes punishments for the offenders. According to penal code 594, any person who defaces the property of another person with graffiti or an inscribing material, destroys it or damages it, commits the act of vandalism and is punishable by law. The act of vandalism can be committed against any property that is not your own and any public property. ¬There are two elements in the statute of vandalism. i) The defendant maliciously inscribed graffiti or destroyed or damaged property. ii) The property was not in possession of the defendant. If both these elements are proven by the prosecutor, the person is guilty of vandalism. Some of the common examples of vandalism include writing your name on the wet cement on sidewalk or wall of a building, inscribing hateful comments or speech on the door of an immigrant couple, or breaking the glass of someone else’s window by throwing a stone or a ball. If you scratch the car of your partner in rage during a fight, you can be charged with vandalism.
The act of simple vandalism that is defined in PC 594(a) is usually charged as a misdemeanor. The convict of vandalism can face up to one year in county jail, informal probation, and a fine up to $10, 000. In cases where the value of the property damaged or defaced exceeds $10, 000 the defendant can be charged with a misdemeanor or a felony. In a misdemeanor, the person can face one year in county jail and up to $50, 000 fines, but a felony can result in up to three years in state prison. The severity of charges depends on defendant’s criminal history, the value of the property, and seriousness of the crime.
At Law Office of David S. Chesley, we investigate the case and prepare a specific line of defense for our client. Some of the commonly available defenses are that the person is falsely accused, the property was damaged by accident or the case of mistaken identity.