Get legal help if you have been charged with a violation of California Penal Code 594 – Vandalism. Otherwise, you face a misdemeanor or felony charge. If convicted, you are subject to incarceration, fines, and other penalties.
Discuss your vandalism charge with a criminal defense lawyer familiar with the California Penal Codes. Alternatively, if you have been charged with driving under the influence and vandalism, consult with Los Angeles DUI Lawyer.
Our team has decades of experience. We will put you in touch with a skilled lawyer who can evaluate your charge, build your legal defense, and help you avoid a conviction for vandalism.
How Is Vandalism Defined Under CA Penal Code 594?
A person can be charged with vandalism if they maliciously deface, destroy, or damage someone else’s property. Acts of vandalism for which people are charged in accordance with California Penal Code 594 include:
- Defacing property with graffiti
- Breaking the windows of cars or buildings
- Slashing a car’s tires
- Throwing rocks or other objects at cars or buildings
- Scratching signs
- Damaging or destroying a person’s belongings or private property
A criminal defense attorney can answer frequently asked questions and others about vandalism, its dollar value, and the potential consequences associated with it. They make sure a person charged with vandalism understands the penalties they face and help this individual make informed legal decisions throughout their case proceedings.
Penalties for Vandalism Under CA Penal Code 594
Expect a prosecutor to pursue maximum penalties if you violate CA Penal Code 594. Vandalism is classified as a wobbler. The crime is treated as a misdemeanor if the dollar value of the property that was damaged is under $400. It can be charged as a felony offense if the dollar value of property damage is $400 or more.
For a misdemeanor vandalism conviction, you face a sentence of up to one year in county jail and a maximum fine of $1,000. In addition, you are subject to formal or informal probation, community service, suspension of your driver’s license, and counseling. If you had been convicted of vandalism previously, you could be fined up to $5,000 on top of other penalties.
A felony vandalism conviction under California Penal Code 594 can result in a county jail or prison sentence of up to one year. Fines for a felony conviction total up to $10,000. If property damage exceeds $10,000, fines can reach $50,000. Along with these penalties, the court can order probation, restitution, community service, and a suspension of your driver’s license.
How Does a Prosecutor Prove Vandalism?
A prosecutor will commit substantial time and resources to show that an offender vandalized personal property and should be punished to the full extent of the law. As part of their efforts, they want to show that the following elements of vandalism were present when a crime was committed:
Malice
It is a prosecutor’s responsibility to show that someone committed an act with malice, or unlawful intent to harm someone else’s property. A person may not be convicted of vandalism if they damage property accidentally.
Ownership
The property that was harmed must not be owned by the individual who committed the act or jointly with someone else. If someone can prove that they owned property that was damaged, they may not be convicted under CA Penal Code 594.
Damage, Defacement, or Destruction
Someone must commit an act that causes actual harm to property. For instance, the prosecution alleges a person spray-painted graffiti on a building without the owner’s consent. They could use photos from before and after the act to show that this individual defaced the building.
Criminal defense attorneys give your case their undivided attention. They understand the vandalism charge against you and look for ways to contest it. If your lawyer develops a strong argument, you are well-equipped to defend against severe penalties.
Legal Defenses for a Vandalism Offense
An experienced attorney knows how to get criminal charges reduced or dismissed altogether. They will examine the facts of your criminal charge carefully. Common defenses for vandalism that your lawyer may consider include:
No Malicious Intent
The prosecution must make it clear to the court that you intended to act maliciously. Your lawyer can argue that you were charged in accordance with California Penal Code 594 after committing an act unintentionally or accidentally.
Mistaken Identity
You are arrested and charged in alignment with CA Penal Code 594, but someone else committed the criminal act in question. In their argument, your attorney can share your alibi with the court. That way, the court can see you had nothing to do with the crime, as you were somewhere else when the act took place.
Lack of Evidence
The prosecution’s evidence must prove beyond a reasonable doubt that you vandalized someone else’s property. Your lawyer can raise doubts about the validity or accuracy of video footage, eyewitness accounts, and other evidence. By doing so, they can make it difficult for the prosecution to show the court that you should be convicted.
Consent
A property owner authorizes you to spray-paint graffiti onto their building. Regardless, they claim they never gave you consent to do so. Your lawyer can provide documentation and other proof that shows you had consent.
Your attorney communicates and collaborates with you as they craft your legal strategy. If the prosecution is concerned about their case, you could receive a plea agreement that allows you to accept a lesser charge than the one initially levied against you.
What a Plea Deal for a Vandalism Offense Entails
Your lawyer can explain the potential effectiveness of plea bargains and what to expect if you receive one in your vandalism case. With a plea bargain, you could accept a fine with a low dollar amount, community service, or probation in lieu of a jail or prison sentence.
Plea deal negotiations can go back and forth between your attorney and the prosecution. Your lawyer notifies you if you get a plea deal. Generally, it is best to evaluate a plea agreement with your lawyer. This allows you to weigh the deal’s pros and cons before you make a final decision on it.
Of course, if no plea deal is offered or an agreement falls short of your expectations, you and your lawyer will get ready for your trial. Your attorney ensures you know what to expect when your trial gets underway. They want you to feel confident about your case when you enter the courtroom and throughout your trial proceedings.
Get Legal Representation for Your Vandalism Charge
Fight back against a vandalism charge. Criminal defense lawyers offer legal services and support to those who have been charged under CA Penal Code 594. They can argue why you should not be convicted. If warranted, your attorney can help you obtain a plea deal in which you pay a minimal dollar amount in fines or accept probation or other minor penalties.
Seek consultations with criminal defense attorneys who know the ins and outs of California’s criminal justice system. If you have been charged with vandalism in conjunction with driving under the influence, let Los Angeles DUI Lawyer help you. Talk with our team today to understand your legal options and get connected to experienced representation.
