Vandalism

According to the law, vandalism involves maliciously damaging, defacing, or destroying another person's property. Therefore, you face vandalism charges when you deface or destroy government or another person's property. The crime is outlined under California Penal Code 594.

The penalties for the crime are severe and include extensive jail terms. So, you want to seek legal help immediately after your arrest. At California Criminal Lawyer Group, we are dedicated to ensuring you obtain the best possible outcomes for your case.

We help you understand vandalism and the critical elements of the crime, and we help you fight the charges. Our criminal defense attorneys have vast experience in handling vandalism cases in California. If you seek legal help in Santa Ana, do not hesitate to contact our attorneys.

Understanding Vandalism in California

California Penal Code 594 describes the crime of vandalism. The offense extends to several activities, like signing graffiti or symbols unlawfully on government property, damaging jointly owned property while engaging in domestic violence, and defacing someone else's car or a building. The crime also includes:

• Keying another person's car.
• Slashing tires.
• Egging someone's car or home.
• Throwing stones at another person's window.

Many people in California consider the crime a teenager's play. Kids are associated with knocking on mailboxes, tagging other people's walls, and egging cars. So, older teenagers can easily face a vandalism charge and a sentence at the criminal court for engaging in similar activities. The potential consequences of vandalism in California include reduced ability to secure employment, immigration status, jail sentence, government benefits, and voting rights.

It is essential to know that personal property includes anything found in your home. Alternatively, real property consists of land and anything attached to it. Therefore, you can face vandalism charges when you destroy, deface, or damage another person’s property.

In California, you face vandalism charges when you smash property in a heated argument with your partner. The property damage does not need to be permanent for you to face the charges. You can face charges for just writing your name on wet cement or someone's wall. A typical example of vandalism is spraying graffiti on other people's walls without their consent.

Vandalism occurs in several forms, including vandalism to churches or synagogues, using caustic or noxious chemicals, and vandalism on highways or near freeways. Ensure you work with your vandalism attorney throughout the legal process. The attorney will help you whenever you require them the most.

What are the Elements of Vandalism?

When charged with vandalism in California, you must understand the elements of the crime before you face conviction. The prosecutor must prove all the elements of the crime. You cannot be convicted if you fail to prove the elements. The following are the main elements of vandalism in California:

You Jointly Own The Property with Your Spouse

You can face charges for vandalism when you jointly own a property with another person, including your spouse. According to the law, the criminal court presumes you have no authority to deface, damage, or destroy property. You can also face charges when vandalism occurs on a property you jointly own with more than one person. For example, a husband and his wife can face vandalism charges when one of the spouses damages jointly owned property during domestic violence.

The Value of the Property in Question

When the cost to repair or replace the defaced or damaged property is below $400, you face a misdemeanor vandalism charge. The court considers the crime a wobble when the cost to repair or replace the damaged property exceeds $400. So, the court can either charge you with a felony or a misdemeanor.

Remember, vandalism is a similar crime to theft crimes in California. When the prosecution team accuses you of many vandalism offenses, the court can add the crimes together if the prosecutors prove the crimes were part of the same plan. Remember, even when the prosecutor files a felony charge, it does not necessarily mean you will face the felony charges. You could face a misdemeanor charge based on the judge's judgment.

Your Acts Were Malicious from the vandalism described under California PC 594; other statutes describe other forms. Speak with your criminal defense attorney to help you learn more about the types of vandalism in California. These forms of vandalism include:

• Vandalizing a Place of Worship - California PC 594.3

Per the law, it is a wobbler offense for any person to vandalize a temple, church, mosque, synagogue, or any place set aside for worship. The law also applies to vandalism committed against a structure occupied or owned by a religious institution or any location where religious services are regularly conducted.

When found guilty of committing vandalism in a place of prayer, you can face felony or misdemeanor charges. You serve informal probation when charged with a misdemeanor and remain behind bars for at least 12 months. When a felony is charged, you serve formal probation and incarceration for 16 months, 24 months, or 36 months.

• Cemetery or Mortuary Vandalism – California PC 594.35

It is an offense in California to vandalize a cemetery or a mortuary. Vandalizing a cemetery or mortuary involves the following activities:

• Obliterating any vault, grave, crypt, or niche.
• Obstructing, disturbing, detaining, or interfering with any person from carrying or accompanying a deceased to the cemetery or mortuary.
• Activities involving tearing down, destroying, or mutilating a tomb or any monument in a cemetery.
• Any act of destroying, cutting, or breaking a mortuary building.

• Vandalism Involving Caustic Chemicals – California PC 594.4

Under California laws, throwing or contaminating another person's property with a caustic chemical is a crime. The law considers vandalism involving caustic chemicals a wobbler offense. A misdemeanor charge attracts a jail term of at least half a year. Alternatively, a felony charge will keep you in jail for 16 months, 24 months, or 36 months.

• Freeway or Highway Vandalism – California PC 640.7, 8

You could face misdemeanor charges under California PC 640.7 when you vandalize guard rails, traffic signals, or snow poles. The legal penalties for the crime include a county jail term of six months. You could remain in jail for up to 12 months as a second-time offender.

Can You Handle Vandalism Cases Outside the Court?

Whether the victim agrees to handle the case outside of court or you choose to handle the case in court, you will require the services of a well-experienced vandalism attorney to help you navigate the legal process. Many vandalism cases involve the malicious destruction of property. Many victims are seeking to receive payment for the damaged property. When the perpetrator is jailed, it becomes impossible for the victim to obtain any money.

 When the case is dealt with outside of court, the victim obtains payment, and the defendant's criminal record remains clean. Juvenile vandalism has its future held after conviction. For example, owning an office, seeking employment, and renting an apartment become challenging. Note that a criminal record In many cases, the criminal defendants fail to establish that there was property damage, especially when no one was injured.

In many cases, the criminal defendants failed to establish that there was property damage, especially when no one was injured. Handling a vandalism charge is simple when the defendant did not commit another crime during the vandalism. The following are potential defenses that your criminal defense attorney in California may use to fight the charge:

• Mistaken Identity

Do you know you can be falsely accused of vandalism in California? The situation is common when the person described matches your physical appearance. Also, you can face charges when you did not commit the crime but the police officers found you in the company of the real perpetrators. Again, someone might have mistaken you unknowingly.

If this is your case, the defense of mistaken identity can work for your case. You only need to show the court you were in another place during the commission of the crime. By doing so, the court will either drop or reduce your charges.

• You are the Owner of the Alleged Property

Ownership of the property is a crucial defense when fighting the charge. You only need to prove the ownership of the alleged property. It occurs when you engage in a heated argument with your spouse, breaking and escalating the property. Then your spouse calls the law enforcement officers and makes false accusations against you. Working with a well-prepared criminal defense attorney will help you defend your rights using this defense.

• Insufficient Evidence

Recently in California, vandalism cases have been rising. The state and federal governments have ordered prosecution and thorough investigations to cut the vice among the many perpetrators. Due to the pressure mounted on the police, this leads to a hasty judgment. The law enforcement officers conduct their investigations and quickly make the final verdict. Many vandalism cases are handled based on circumstantial evidence.

When the prosecution team fails to tie you to the vandalism charge, the court can dismiss the case due to insufficient evidence. So, you want to work closely with your criminal defense attorney. The attorney will challenge the credibility of the evidence presented to the court by the prosecutor against you. The attorney will also play a key role in helping you gather enough evidence and protect your rights.

• False Accusations

Do you know you can spend many years in jail because of false allegations? In many domestic violence cases, false allegations and wrongful arrests are common. Many false accusations are the result of anger, jealousy, and revenge. Therefore, innocent people can find themselves behind bars for a crime they never committed. Sometimes, the property is accidentally destroyed, and the blame is put on one spouse.

Also, a person may falsely accuse you of covering their criminal activity. However, with an experienced criminal defense attorney, you can use the defense of false allegations to fight the charge. You only need to present supporting evidence for your claim.

• Exaggerated Costs of the Alleged Property

Sometimes, a spouse might exaggerate the value of the damaged property. However, a criminal defense attorney knows all these tricks. The attorney looks for the best available options to protect your interests. For example, the attorney can ask the criminal court to reduce the vandalism charge or to drop the charges.

In many cases, the court considers vandalism as an additional charge where property is damaged during domestic violence. The penalty is usually severe. So, do not admit guilt to the charge without consulting your attorney. The attorney will investigate your case to help determine whether the alleged property value is exaggerated.

• No Criminal Offense Committed

Sometimes, the property owner might have allowed you to do anything with the property. For example, your landlord may allow you to pull down certain shelves in your house. Later, the landlord files a vandalism case.

Alternatively, you might have damaged other people's property but use their consent as your defense. If you believe you did not commit a vandalism charge, your criminal defense attorney can use this defense to fight the charge. Explain every detail of the case to your attorney. It will help him have the necessary details to develop a strong defense.

What are the Legal Penalties for Committing Vandalism in California?

When convicted for committing vandalism in California, you face severe penalties, sentencing, and punishment. Vandalism charges vary based on various aspects. The following are the potential penalties for committing vandalism in California:

Misdemeanor Vandalism

When the value of the alleged property is below $400, you face a misdemeanor vandalism charge. When this is your case, the penalties include the following:

• Probation.
• 12 months imprisonment.

When ordered to probation, the probation term comes with many restrictions, including:

• The court can suspend your driver's license for 24 months. If you are not a holder of a driver's license, you remain eligible to obtain the license for 36 months.
• Community service. The court might subject you to community activities, including replacing, cleaning, and repairing the damaged property.
• Keeping the alleged damaged property from graffiti for 12 months.

Penalties for Felony Vandalism in California

When the damaged property is worth above $400, you face felony charges. So, the following are the potential penalties you will face:

• 12 months in prison.
• Similar probation like misdemeanor vandalism with a county jail for either 16 months, 24 months, or 36 months.

Graffiti Damage Penalties

For you to face the graffiti charges in California, the property damage should have a limit of $250. The property's value must be less than $250. The prosecution team can charge you with California PC 640.5 or PC 640.6 rather than California PC 594. For the prosecution team to charge you with violating California PC 640,6 or PC 640.5, you must have committed a previous vandalism offense or previous California graffiti.

Second Time Vandalism Offender

According to California PC 594, the law requires the prosecutor to place misdemeanor charges when the damaged property costs below $250. The following are the potential penalties for second-time vandalism offenders:

• A six months jail term.
• Community service.

Third-Time Vandalism Conviction Penalties

To determine whether your conviction falls under this category, you must consider the following:

• You have more than two prior vandalism convictions.
• You served probation for either one or the two convictions.
• Your conviction involved graffiti valued below $250 under California PC 640.5,6.

The Crimes Charged Alongside Vandalism in California

Several crimes are related to vandalism. The prosecution team can add these offenses to your initial charge of vandalism. But your criminal defense attorney can also defend you against these crimes. The attorney can also request the court reduce the vandalism charge. The following are the common crimes charged alongside vandalism in California:

1. Arson – California PC 451

According to California PC 451, it is a crime for a person to willfully and maliciously set fire to your building, land, or property. When the prosecution team decides to prosecute you, they must prove the following elements of the crime:

• You acted willfully and maliciously.
• You ignited the fire on a building, land, or property.

The potential penalties under this crime vary depending on whether the victim sustained injuries. When charged with arson charge, you face the following penalties:

• When the arson resulted in significant bodily injuries, you remain in jail for 5,7 or 9 years.
• When arson causes inhabited structures or property to burn. The defendant spends jail term for 3, 5, or 8 years.
• If you cause fire on land, you face 2, 3, or 4 years in jail.
• When you burn personal property, you remain in prison for 16 months, 24 months, or 36 months.

After facing an arson conviction, you might also lose your right to own a gun. Any person convicted of a felony charge loses their right to possess a firearm in California. If you are an immigrant, you also have negative immigration consequences.

Sometimes, you could even be deported to your mother country. However, with the help of a well-skilled criminal defense attorney, you can fight the charge. The attorney will listen to your case and develop strong defenses to challenge the prosecutor.

2. Burglary – California PC 459

In California, burglary involves entering a commercial or residential building with the intent to commit theft in the building. When accused of committing a burglary offense, the prosecutor must prove the following elements:

• The property you intended to steal had a value above $950.
• You had the intent to commit a felony at the time you entered the building or structure.
• The time you entered the commercial building, it was outside regular working hours.

Therefore, as per the law, you are guilty of burglary when you enter a building intending to commit a felony, grand theft, or petty theft. It is optional for you to succeed in committing the crime. The penalties for burglary vary based on whether you commit first or second-degree burglary.

When you commit a first-degree burglary, you face a felony charge. The potential penalties for a first-degree burglary include a sentence for either 2, 4, or 6 years and formal probation. Second-degree burglary is a wobbler. A felony charge attracts formal probation, a jail term for 2, 4, or 6 months.

Can You Expunge a Vandalism Conviction in California?

When sentenced for a misdemeanor or felony charge, you can erase the criminal record after completing your probation period. However, the criminal court judge may deny you the expungement if you violate the terms of the probation. If you have a felony conviction, the court must reduce the charge to a misdemeanor. Note the judge can also grant early termination of the probation when you adhere to the terms within the first 24 months.

Contact a Criminal Defense Attorney Near Me

In California, an action like writing a name on another person's building amounts to vandalism. You might be shocked to learn that you have been charged for committing acts you never knew amounted to vandalism. Therefore, when you face an arrest for vandalism, you want to seek legal help immediately.

Our attorneys at California Criminal Lawyer Group have helped many people facing vandalism charges have their cases dropped. We listen to your case and develop a strong defense strategy to fight the charge. We are ready to work with you if you seek legal services in Santa Ana. Contact us today at 714-844-4151 and speak with one of our top vandalism attorneys.