It varies from state to state, but i will use the California statutes as a guide. Anything underlined and in italics is my comment.
Vandalism can be charged as a Misdemeanor or a Felony
The crime of vandalism can be charged as a misdemeanor or as a felony depending upon the circumstances related to the offense. Accordingly, vandalism is a "wobbler."
The decision whether or not to charge vandalism as a felony or misdemeanor is up to the prosecutor. Oftentimes, there are aggravating or mitigating factors that make the prosecutor's decision an easy one (when it comes to light that weed growing was the initial catalyst, there will be no mercy on you). Sometimes, vandalism is simply juvenile mischief, a byproduct of an argument, or simple indifference. In these cases, it is more likely that it would be charged as a misdemeanor.
Other times the vandalism is much more aggravated and the result of the larger problems such as a graffiti or tagging crew, a gang, or a history of violence between parties.
Additionally, the prosecutor may elect to charge vandalism is a Felony when the amount of the items damaged exceeds $400.
Expected penalties for Misdemeanor vandalism
Vandalism charges for the first occurrence with a minimal amount of damage (less than $400) is usually charged as a misdemeanor, the consequences of which are generally:
- No jail time, but possible community service or CalTrans service
- Fines
- Restitution
- Community service
- 3 years of probation (informal)
In addition, you may lose your California driver's license for up to one year from the date of the conviction.
Felony
If damages equal or exceed $400 and the defendant has one or more convictions for vandalism, then the prosecutor could elect to charge you with felony vandalism, the consequences of which are generally:
- Jail time
- Formal probation
- Restitution
- Community service
- Loss of a California driver's license
Fines for vandalism charges can be very expensive. In addition, the court will order restitution in the amount that it takes to make the victim whole. At the Law Office of Keith J. Bruno, we defend juveniles and adults accused of vandalism. Mr. Bruno has defended countless vandalism cases as a public defender and as a private lawyer.
In the case of juveniles, vandalism is often an unfortunate rite of passage that manifests itself in graffiti or the destruction of abandoned property. Mr. Bruno understands this, but also understands that the penalties for vandalism and the manner in which courts treat juveniles today is disproportionately harsh. Accordingly, the best defense is needed.
In the case of adults, vandalism is rarely graffiti; it is more frequently the destruction of property-most times their own that they share with a roommate or spouse. Again, Mr. Bruno understands this and will work hard to keep one's private life private. Often, it is simply not of the government's business and should be resolved within the family or community. However, due to the stiff penalties, a vigorous defense is necessary.
If you have been accused of vandalism, malicious mischief, or the destruction of property,
contact The Law Office of Keith J. Bruno. We offer a free face-to-face consultation and can work out a payment plan in most situations.
