Vandalism and Graffiti Charges Under California Penal Code 594

A vandalism allegation often feels bigger than the spray can or broken window at the center of it, and the first question most people have is whether it is a misdemeanor or a felony. Under California law, the answer usually comes down to one number: the dollar value of the damage.

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.