Vandalism / Property Damage

Vandalism, or in other words, maliciously causing property damage, can carry significant consequences in California. Vandalism can be charged as either a misdemeanor or a felony, depending on the extent of the property damage. Vandalism that causes less than $400 in damage is typically charged as a misdemeanor, with a maximum sentence of one year in county jail and a fine of up to $1,000. However, vandalism that causes more than $400 in damage can be charged as a felony, with a maximum sentence of up to three years in state prison and a fine of up to $10,000.

Vandalism isn’t just teenagers spraying graffiti on the side of a building – any damage to “real or personal property” qualifies, whether it be to a car, building, tree, driveway, wall, bridge, or smaller items like potted plants, paintings, appliances, or collectibles.

In domestic violence cases or cases involving fights between two people, if property is damaged during the fight, that could be charged as vandalism. Keying a car that belongs to a person you dislike, egging a house on Halloween, destroying a computer, damaging a beloved keepsake, and more – all of this can result in serious criminal charges.

Jail, community service, probation, educational programs, and more can be imposed in these cases. At the very least, part of the sentence will be to do community labor such as trash cleanup or graffiti cleanup, and you will have to pay to repair or replace the property that was damaged. In some situations, the court may also issue a stay-away order, which prohibits a defendant from going near the damaged property or the owner of the property. Violating a stay-away order can result in additional criminal charges.

How Can Farris Law Firm Help?

In California, vandalism charges can qualify for diversion under Penal Code § 1001.95. This is a process that allows a defendant the opportunity to have their case fully dismissed if they complete certain requirements. Outside of diversion, we may be able to negotiate an agreement with the prosecutor that if you pay for all damages without waiting for an order from the judge, and you stay out of trouble for a certain period of time, the case can be dismissed.

Finally, you always have the option of going to trial. Farris Law Firm will fight your case out in open court, in front of a jury, and hold the prosecutor to their burden. The prosecutor must prove, beyond a reasonable doubt, every element of an offense before you can be convicted and sentenced.

Your attorney at Farris Law Firm knows the ins and outs of this part of our legal system and can help you at every step of the way with your vandalism case.