If you have been accused of vandalism in Los Angeles, you could be facing serious criminal consequences including county jail or state prison, major fines, restitution and probation. Worst of all, you would have a criminal record for the rest of your life. You need to consult with an experienced criminal defense attorney as soon as possible. At Rodriguez, Lewis & Kahn we have helped many of our clients fight their vandalism charges.

California Law

The California Vandalism Law is contained in Penal Code 594. Vandalism is defined as a person who maliciously defaces with graffiti or other inscribed material, damages, or destroys real or personal property not his or her own. Vandalism can be charged as a misdemeanor or felony. It is usually charged as a misdemeanor for first time offenders who cause less than $400 in damages, but in some unique circumstances prosecutors will charge vandalism as a felony. For example, a prior criminal record, gang involvement, and hate crime implications can elevate what usually would be misdemeanor vandalism to felony vandalism. If a gang enhancement is charged, not only is the vandalism charged as felony but, but it is also considered a “Strike” under the California Three Strikes Law.

In addition to California Penal Code Section 594, there are a number of additional related specific acts of vandalism described in other parts of the California Law, for example:

• Purchase of aerosol container of paint by a minor
• Unauthorized carrying of aerosol paint container
• Possession of graffiti or vandalism tools
• Vandalism of a place of worship or cemetery
• Defacement of government property with graffiti
• Damaging phone or electrical lines.

Penalties

The punishment for vandalism in California generally depends on the dollar amount of the damage incurred by the vandalism as well as the prior criminal record (specifically vandalism convictions) of the defendant. Vandalism can be prosecuted as a misdemeanor or a felony. Misdemeanor vandalism, where the amount of damage or defacement is under $400, is punishable by up to a year in county jail, fines, restitution, CalTrans work or community service and informal probation. California state prosecutors can also charge vandalism as a felony especially when the damage or destruction is $400 or more. Prosecutors may consider a defendant’s criminal record and gang participation when charging a felony. Felony vandalism is punishable by up to 3 years in state prison and $10,000 in fines.

Los Angeles Vandalism Attorneys

In California, particularly in Los Angeles, people who commit vandalism are prosecuted to the fullest extent of the law. The Los Angeles City Attorney, Los Angeles County District Attorney, and other law enforcement agencies have recently stepped up their battle against graffiti artists to send a message that graffiti art is a crime, and that artists/vandals will be prosecuted and convicted. Representation by an experienced and skilled criminal defense attorney is critically important, especially if the offense has been charged as a felony. Our aggressive legal team can take early action to improve your chances of getting the case dismissed or charges reduced as soon as possible, even at the pre-filing stage.

If you have been charged with vandalism in the Los Angeles area, contact the criminal defense lawyers at Rodriguez, Lewis & Kahn to confidentially discuss your case and find out what legal options are available to you.