Vandalizing or destroying public or private property is a very serious crime and offense that is taken seriously by the rule of law. In the State of California, Penal Code 594 PC makes it illegal to vandalizing public or private party. This makes it illegal to deface property with graffiti, damage something with intent (see also: arson and property destruction), or knowingly destroy some form of property.
Overall, most people tend to associate vandalism with juvenile activity, but the law is actually quite broad and will cover a wide variety of activities that are commonly caused by adults. Due to the seriousness of the crime, those that are charged and found guilty could be facing serious penalties, fines, and imprisonment.
Legal Definition of Vandalism
Similar to other crimes, there is a legal definition of vandalism in order for someone to be in violation of Penal Code 594 PC. In California, there are three facts that need to be proven out in order for someone to be convicted of vandalism. The three key elements of the crime include providing that you maliciously and with intent defaced or damaged someone else’s property, that you did not actually own the property or that the owner did not allow you to damage the property, and that the amount of damage was either under $400 to qualify as a misdemeanor or over $400 to qualify as a felony.
In general, it will need to be proven that you maliciously damaged something in order to be charged with the crime. If the amount of damage caused is estimated to be under $400, the charge is typically a simple misdemeanor. However, anything in excess of $400 could be constituted as a felony.
Penalties
Since vandalism and the violation of Penal Code 594 PC is considered a very serious crime, there car be significant penalties involved. If the amount of damage that is caused is estimated to be less than $400 and is a misdemeanor, the penalties are typically not very sever. However, you can still be charged with up to one year in prison, a fine of up to $5,000, probation, and be forced to make restitution with the other party.
During a probationary period, you could end up losing your driver’s license for up to two years, have to spend time in counseling, and even complete community service. If you are found guilty of vandalism or other crime during your probationary period, you will likely be facing a more serious charge.
If the total damage is in excess of $400, you will likely be charged with a felony. If you are charged with a felony, the actual punishment you receive will likely vary based on whether you are a repeat offender and the gravity of the damage. However, many people that are in violation of Penal Code 594 PC and are convicted with a felony could spend up to three years in prison — see how sentencing hearings work and have fines of up to $50,000. Those that are not repeat offenders will likely end up being able to negotiate a lower fine and avoid jail
