As an Orange County Criminal Defense Lawyer, Attorney Will Bruzzo of the Law Offices of William Bruzzo helps people facing these charges understand where they stand. 

What Does a Penal Code 594 Charge Actually Mean?

Penal Code Section 594 covers three kinds of acts: defacing property with graffiti or other markings, damaging property, or destroying it. The property has to belong to someone other than the person accused.

The act also has to be malicious, meaning done on purpose rather than by accident. That intent requirement is often an important part of the analysis, because not every broken or marked object involves the state of mind the statute requires.

How Does the Damage Amount Decide Misdemeanor vs. Felony?

The value of the damage sets the seriousness of the charge:

• Under $400: a misdemeanor, punishable by up to one year in jail and/or a fine of up to $1,000, rising to as much as $5,000 with a qualifying prior.
• $400 or more: a wobbler, which the district attorney may file as either a misdemeanor or a felony, with a fine of up to $10,000.
• $10,000 or more in damage: the maximum fine rises to $50,000.

On top of any jail time or fine, a conviction can carry victim restitution, which is separate from the fine, along with community service or graffiti cleanup and a graffiti-free order under Section 594(c) that can last up to a year.

What Extra Consequences Come With a Conviction?

Some consequences surprise people. Under Vehicle Code Section 13202.6, a vandalism conviction for anyone age 13 or older can lead to a driver’s license suspension of up to two years, subject to a hardship exception and reducible through community service.

Restitution to the property owner is ordered in addition to any fine, and when a minor is involved, a parent can be held liable for the fine. Details on how victim restitution works are available through the California Courts self-help resources.

How Are Vandalism Cases Handled in Orange County Courts?

Where a case is heard follows where the incident happened. Orange County routes these matters through the Central Justice Center in Santa Ana, the Harbor Justice Center in Newport Beach, the North Justice Center in Fullerton, and the West Justice Center in Westminster.

A defense often looks closely at the valuation, since the $400 and $10,000 lines carry so much weight, and at questions of identity, consent or ownership, and whether the act was truly malicious. Attorney Will Bruzzo has handled these cases in Orange County courts for over 30 years.

Talk With an Orange County Criminal Defense Lawyer About Your PC 594 Charge

A vandalism charge can carry consequences well beyond a fine, but the outcome is not fixed at the moment of arrest. The Law Offices of William Bruzzo brings over 30 years of Orange County criminal defense experience to these cases.

Call (714) 547-4636 or contact us online today for a completely free, confidential consultation. We are available 24/7. El Abogado Habla Español.

What is a Wobbler?

A wobbler charge refers to a criminal offense that can be charged as either a felony or a misdemeanor, depending on the circumstances of the case and the defendant’s criminal history. The decision of whether to charge a wobbler offense as a felony or a misdemeanor lies with the prosecutor.

Why are they called wobbler charges? Well, it’s because the charges can “wobble” between being treated as either a felony or a misdemeanor. This flexibility allows the prosecutor to consider the unique circumstances of each case and determine the most appropriate level of punishment.

Examples of Crimes that are Wobblers in California

In California, there are a wide variety of crimes that can be considered wobblers. Some of the most common wobbler crimes include:

• Vehicular manslaughter
• Sexual battery
• Assault with a deadly weapon (ADW)
• Statutory rape
• Child endangerment
• Spousal battery
• Lewd acts with a minor
• Making criminal threats
• Burglary
• Forgery
• Grand theft
• Stalking
• Carrying a loaded firearm in public

It’s crucial to note that the severity of the offense and the defendant’s criminal history are significant factors in determining whether a wobbler charge will be prosecuted as a felony or a misdemeanor.

How Can a Lawyer Help You if You are Facing a Wobbler

One of the main ways a lawyer can help is by presenting a strong defense and advocating for the charges to be reduced to a misdemeanor. They can thoroughly examine the facts and circumstances of your case, gather evidence, and build a compelling argument in your favor. By highlighting mitigating factors, such as your clean record, cooperation with law enforcement, or positive contributions to society, they can persuade the prosecutor to consider a misdemeanor charge instead.

Furthermore, an experienced lawyer can also explore alternative resolutions to your case. They may negotiate for a plea bargain or diversion program that can help you avoid a felony conviction altogether. This can have significant long-term implications, as a felony conviction can result in severe consequences, such as lengthy prison sentences, loss of certain rights, and difficulties in finding employment.

Call an Orange County Criminal Defense Lawyer Today

If you are facing criminal charges in Orange County, California and need trusted legal representation, turn to the Law Offices of William Bruzzo. Mr. Bruzzo has been successfully representing clients in Southern California for decades, focusing his practice on criminal law. Whether you are facing a wobbler charge or any other criminal offense, we are here to help. Call the Law Offices of William Bruzzo at (714) 547-4636 or contact us online for a consultation today.