Vandalism – CPC 594

Vandalism might seem like child’s play—and indeed, it is often teens who are charged—but as a Los Angeles vandalism lawyer will tell you, if you’re caught, it’s a punishable crime. A vandalism conviction can result in fines, prison time, community service, restitution, and a permanent criminal record

Simply defined, vandalism is damaging or destroying someone else’s property without their permission. This includes private, public, government, and jointly owned property. Categories of vandalism include:

• Tagging: Writing your name or gang symbol/affiliation on someone’s property.
• Acquisitive vandalism: Usually attached to a theft crime, this is any damage caused to obtain money or property from breaking a vending machine to breaking a window.
• Graffiti: Any markings—symbols, drawings, writing—on any surface with any implement.  This can range from using markers or etching on desks, tables, benches, etc. to spray paint on the overpass.
• Sabotage: Destruction or damage to prohibit usage or for its own sake, e.g. slashing tires, arson, breaking mailboxes, cutting down plants, burning lawns, etc.

Vandalism is much more than a prank, and depending on its severity, it can be charged as either a misdemeanor or a felony. Factors that can influence the charge include:

• Age of defendant;
• The cost of the damage;
• Gang association; and
• Site of damage.

To prove vandalism, it must be shown that the defendant knowingly defaced, damaged, or destroyed somebody else’s property without permission. If the damage is less than $400, it can be classified as a misdemeanor; above $400, you risk a felony charge, especially if this is a repeat offense or can be categorized as a hate crime. If you’ve caused extreme damage or have multiple repeat offenses, felony punishments can be severe. Tagging or graffiti offenses can carry, in addition to standard punishments, provisions for cleaning up graffiti and punishments for contributing to gang activity. (Note that even possession of tagging or graffiti tools—thick markers, spray paint, glass cutters, etc.—carries the risk of a vandalism charge, though of course, intent must be proven.)

It is possible to defend a vandalism charge to get it reduced or even dismissed. California vandalism lawyers often have success with the following defenses:

• False allegation: If you were not caught in the act, you can often argue wrongful arrest due to mistaken identity or vengeful accusation.
• Accidental damage. If it can be proven that you did not maliciously damage the property and that the damage was accidental, the charge will not stick.
• Damage value: Contesting the value of the damage can get charges reduced from felony to misdemeanor.

If you or your child has been charged with vandalism, it’s nothing to mess around with, as consequences—especially for a teen—can have lasting effect. If you’d like to consult with an experienced Los Angeles vandalism lawyer about your case, please fill out the form on this page or call Daniel Cota at 800-351-6860.