Vandalism in California

Most people think of vandalism as graffiti or tagging—but under California law, vandalism covers a much wider range of behavior, and the consequences can be far more serious than many expect.

Whether you’ve been accused of damaging someone’s property during an argument, tagging a public wall, or even accidentally causing property damage, understanding the law, penalties, and defenses for vandalism in California is critical.

What Is Vandalism Under California Law?

Under California Penal Code § 594, vandalism is generally defined as maliciously defacing, damaging, or destroying someone else’s real or personal property.

This means you can be charged with vandalism for a wide range of actions, including:

• Spray painting or tagging public or private property

• Keying a car

• Breaking windows

• Damaging street signs or mailboxes

• Writing or carving on school desks

• Smashing someone’s phone or electronics during a fight

The key elements the prosecution must prove are:

1. You acted maliciously – meaning on purpose and with intent to annoy or harm.

2. You damaged, destroyed, or defaced property.

3. The property belonged to someone else.

Vandalism Penalties in California

Vandalism can be charged as either a misdemeanor or felony, depending mostly on the dollar amount of the damage.

Misdemeanor Vandalism

• Damage under $400

• Penalties may include:

  • Up to 1 year in county jail

  • Up to $1,000 in fines

  • Community service

  • Mandatory graffiti cleanup or participation in counseling programs

Felony Vandalism

• Damage of $400 or more

• Penalties may include:

  • 16 months, 2 years, or 3 years in state prison

  • Fines up to $10,000 (or $50,000 if the damage is extensive)

  • Restitution to the victim

  • Probation with conditions like community labor or stay-away orders

Special Enhancements and Circumstances

Certain types of vandalism carry additional consequences:

• Gang-related vandalism – Can trigger sentencing enhancements under California’s gang statutes (Penal Code § 186.22).

• Hate crimes – If the vandalism was motivated by race, religion, sexual orientation, or similar factors, it may be charged as a hate crime with enhanced penalties.

• Vandalism on places of worship, schools, or cemeteries – These are considered especially serious and may be charged more harshly.

Juvenile Vandalism Charges

Many vandalism cases involve minors or teenagers. In juvenile court, the focus is more on rehabilitation than punishment, but consequences can still include:

• Community service

• Restitution

• Juvenile probation

• Driver’s license suspension or delay

Parents of minors can also be held financially responsible for their child’s actions.

Defenses to Vandalism Charges

Just because you’ve been accused of vandalism doesn’t mean you’re guilty. Common legal defenses include:

• Lack of malicious intent – Accidental damage is not vandalism.

• Mistaken identity – You were not the person who committed the act.

• False accusation – Someone may be blaming you out of anger or retaliation.

• Ownership dispute – If you co-own the property or had permission, the act may not be illegal.

• Insufficient evidence – The prosecution must prove every element beyond a reasonable doubt.

A skilled defense attorney can help assess your case and determine the best strategy.

Facing Vandalism Charges? Don’t Go It Alone.

Even a minor vandalism charge can leave you with a criminal record that affects your future employment, education, or immigration status. If you or a loved one is facing vandalism charges in California, it’s important to consult with a criminal defense lawyer immediately. Contact Davis W. Hewitt to schedule a free consultation.