A vandalism charge can carry serious consequences, including jail exposure, fines, probation, restitution, and a criminal record that may affect employment and future opportunities. In California, vandalism is not limited to graffiti alone. A person may face charges for allegedly defacing, damaging, or destroying someone else’s real or personal property.

At the Law Office of H. Charles Gorian, we understand that vandalism cases often turn on disputed facts, including who caused the damage, whether the conduct was truly malicious, and the actual amount of damage involved. Our office provides strategic, one-on-one defense representation tailored to the facts of your case.

What Is Vandalism Under California Law?

California Penal Code section 594 makes it a crime for a person to maliciously do any of the following to property that is not his or her own:

deface it with graffiti or other inscribed material
damage it
destroy it

The statute defines “graffiti or other inscribed material” broadly to include unauthorized inscriptions, words, figures, marks, or designs written, marked, etched, scratched, drawn, or painted on real or personal property.

Because the law requires malicious conduct, not every mark, accident, or property dispute automatically amounts to criminal vandalism. The facts and intent matter.

Penalties for Vandalism

The penalties for vandalism depend largely on the amount of damage alleged.

If the damage is $400 or more

If the amount of defacement, damage, or destruction is $400 or more, vandalism may be punished by:

up to one year in county jail
or punishment pursuant to Penal Code section 1170(h)
a fine of up to $10,000
or, if the damage is $10,000 or more, a fine of up to $50,000
or both imprisonment and a fine

If the damage is less than $400

If the amount of defacement, damage, or destruction is less than $400, vandalism may be punished by:

up to one year in county jail
a fine of up to $1,000
or both

If the damage is less than $400 and the defendant has certain prior vandalism- or graffiti-related convictions, the fine may increase to as much as $5,000.

In cases involving graffiti or other inscribed materials, the court may, when appropriate and feasible, order the defendant to clean up, repair, or replace the damaged property, or to keep specified property in the community free of graffiti for up to one year. The court may also consider other types of community service and may order counseling in some cases.

Common Defenses to Vandalism Charges

Every vandalism case depends on the facts. Possible defenses may include:

the defendant did not commit the damage
the conduct was not malicious
the property belonged to the defendant or the defendant had permission
the amount of damage is overstated
the accusation is based on mistaken identity or false allegations
the evidence was obtained unlawfully

a grayscale photo of a person spraying paint on the wall committing vandalism

Because the level of the charge can turn on the value of the damage, documentation, repair estimates, photographs, and witness statements may all be important.

Speak with a Vandalism Defense Attorney

If you have been charged with vandalism, it is important to seek legal advice as early as possible. A careful review of the facts may reveal important defenses and weaknesses in the prosecution’s case.

The Law Office of H. Charles Gorian represents clients throughout Riverside County and San Bernardino County. Call today for a free, no-risk, no-obligation case evaluation.