Vandalism in California is charged under Penal Code §594 and is committed when someone maliciously defaces, damages, or destroys property belonging to another. The charge is a misdemeanor when the damage is under $400 (up to 1 year in county jail, $1,000 fine) and a wobbler when the damage is $400 or more (up to 3 years in state prison as a felony). Graffiti charges are typically filed under PC §594 with sentence enhancements for repeat offenses and gang-related markings. The Law Office of Zak Fisher represents people charged with vandalism and graffiti offenses across Los Angeles County for a flat fee, with a free 20-minute consultation for anyone facing a pending charge.
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What Penal Code §594 actually says
Penal Code §594(a) makes it a crime, when the property is not the defendant own, for a person to maliciously: (1) defaces with graffiti or other inscribed material; (2) damages; or (3) destroys property. The damage tier determines the punishment:
- Damage less than $400: Misdemeanor, up to 1 year in county jail, $1,000 fine.
- Damage $400 or more: Wobbler. Misdemeanor up to 1 year, felony 16 months, 2, or 3 years in county jail under PC §1170(h). Fine up to $10,000 (up to $50,000 if damage is $10,000 or more).
Related statutes include PC §594.3 (vandalism of a place of worship), PC §640.5 (graffiti on government or transportation property), and PC §640.6 (graffiti on private property).
What the prosecution must prove
- The defendant maliciously defaced, damaged, or destroyed property,
- The defendant did not own the property (or was not a co-owner who had the right to damage it),
- The amount of damage (under $400, or $400 or more), and
- The defendant acted willfully and with malice (intent to do a wrongful act or to annoy or injure another).
Common defenses to a PC §594 charge
- Identification: Vandalism cases often rest on surveillance video, tag matching, or witness ID. Misidentification is a frequent defense.
- No malice: Accidental damage is not vandalism. Malice requires intent to do a wrongful act or to annoy or injure another.
- Consent or right to alter: Joint ownership, license, or prior permission can negate the “property of another” element.
- Civil compromise under PC §1377: When the alleged victim acknowledges restitution and agrees they are satisfied, the case can be dismissed.
- Damage amount disputed: The damage tier (under $400 vs. $400 or more) determines whether the case is a misdemeanor or wobbler. Estimates from victims and cleanup contractors are often inflated.
- First Amendment in graffiti / protest cases: While property damage is not protected, the underlying expressive message and the prosecutor selective enforcement based on message content can raise First Amendment issues.
- Diversion under PC §1001.95: Broadly available for misdemeanor vandalism, with conditions like restitution and community service.
- Pitchess motion: Useful when officer credibility is the central issue.
- Motion to suppress: When evidence was obtained through an unlawful detention, search, or arrest.
Penalty ranges for vandalism
Damage under $400 (misdemeanor)
- Up to 1 year in county jail (often a few days or none on a first offense)
- Fine up to $1,000 plus penalty assessments
- Up to 3 years of summary probation
- Restitution to the victim
- Community service (often graffiti cleanup under PC §594.7 or PC §640.7)
- 1-year driver license suspension on certain graffiti offenses under PC §640.7 or VC §13202.6
Damage $400 or more (wobbler)
- Misdemeanor: up to 1 year in county jail, $10,000 fine (or up to $50,000 if damage is $10,000 or more)
- Felony: 16 months, 2 years, or 3 years in county jail under PC §1170(h)
- Restitution to the victim, often substantial
Graffiti enhancements
- PC §594.7: Mandatory minimum jail (up to 1 year) for defendants with two or more prior vandalism convictions.
- STEP Act under PC §186.22: Gang-related vandalism can carry significant enhancements when committed for the benefit of, at the direction of, or in association with a criminal street gang.
What happens at a Los Angeles vandalism arraignment
Vandalism cases are filed in the misdemeanor calendar of the courthouse covering the alleged conduct. Most misdemeanor vandalism defendants are released on own recognizance. Felony filings (damage $400 or more) proceed through arraignment and preliminary hearing. Restitution is typically a central issue, and prosecutors often condition diversion or favorable pleas on full restitution being paid before the next court date. Under PC §977, counsel can appear for the client at most subsequent court dates.
How the Law Office of Zak Fisher handles vandalism cases
Each case begins with a free 20-minute consultation to identify the property, the alleged damage, and any identification evidence (video, tag matching, witnesses). If the case is taken, the fee is flat and quoted in writing before engagement. Early steps include obtaining all surveillance and bodycam footage, scrutinizing the damage estimate, and assessing eligibility for civil compromise under PC §1377 and diversion under PC §1001.95. The practice personally appears at every court date and answers texts and emails within one business day.
Contact
Law Office of Zak Fisher
8335 W. Sunset Blvd., Suite 354
West Hollywood, CA 90069
Phone: (310) 818-7461
Email: info@zakfisherlaw.com
Hours: Monday through Thursday 10:00 AM to 4:30 PM, Friday 10:00 AM to 4:00 PM
Book a free 20-minute consultation
Frequently asked questions about vandalism in California
Is vandalism a misdemeanor in California?
Vandalism is a misdemeanor when the damage is under $400 (up to 1 year in county jail and a $1,000 fine) and a wobbler when the damage is $400 or more (up to 3 years in county jail as a felony under PC §1170(h)).
Is graffiti charged as vandalism in California?
Yes. Graffiti is a form of vandalism under PC §594(a)(1) (defacing with graffiti or other inscribed material). Additional statutes (PC §640.5, §640.6) and enhancements (PC §594.7) apply in specific graffiti contexts.
Can vandalism be dismissed in California?
Yes. Diversion under PC §1001.95 is broadly available for misdemeanor vandalism. Civil compromise under PC §1377 can also dismiss the case when the property owner acknowledges restitution and agrees they are satisfied.
Will I lose my license for a vandalism conviction?
For certain graffiti offenses, yes. PC §640.7 and VC §13202.6 authorize a driver license suspension of up to 1 year for vandalism with graffiti. Restricted licenses for work and school may be available.
What is the difference between misdemeanor and felony vandalism?
The damage amount. Under $400 is always a misdemeanor. $400 or more is a wobbler that can be filed as either a misdemeanor or a felony. The accuracy of the damage estimate is frequently disputed.
What is civil compromise for vandalism?
PC §1377 allows the court to dismiss certain misdemeanor cases (including vandalism) when the victim has been compensated and agrees they are satisfied. It is a powerful tool for resolving cases with identifiable, willing victims.
Can vandalism be reduced to disturbing the peace?
Yes, in some cases. PC §415 reduction is more commonly available in misdemeanor vandalism cases with modest damage and where civil compromise or diversion is not feasible.
Will a vandalism conviction affect my immigration status?
Possibly. Felony vandalism can be treated as a crime of moral turpitude. Misdemeanor vandalism is usually not a CIMT or aggravated felony, but the analysis is fact-specific. Always consult an immigration attorney.
What if I damaged property I share with someone else?
PC §594 applies only when the property belongs to “someone else.” Property a defendant owns or co-owns with the right to damage it generally is not vandalism. Disputes over ownership of jointly used property are common defenses, especially in domestic contexts.
How long does a vandalism conviction stay on my record?
Indefinitely unless expunged. PC §1203.4 expungement is available after successful probation. Felony vandalism can be reduced to misdemeanor under PC §17(b) and then expunged. Diversion completion under PC §1001.95 results in dismissal with no conviction.