Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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You took a bat to an ex-girlfriend’s mailbox out of anger. Now you are under investigation for the crime of vandalism. Is this a serious crime?
Can vandalism lead to a felony charge?
It can. Most states say that vandalism can be charged as a felony if:
Most jurisdictions say that you will face a vandalism conviction if you willfully and maliciously damage, deface, or destroy someone else’s property.1
Examples of acts of vandalism include:
Vandalism is sometimes referred to as “malicious mischief” or “criminal mischief.”
It can, yes. The vandalism laws of most states say that the value of the damaged property will determine if the crime results in:
For example, under Florida law, you will face a felony charge if you vandalize property and the crime results in $1,000 worth of damage or more.2
In contrast, you will face a misdemeanor vandalism charge if the amount of damaged property in the vandalism case is under $1,000.
Similarly, the threshold amount under California law is $400. Vandalism is a felony offense if the crime results in $400 or more of property damage. But the crime is a misdemeanor if the value of the damage is under $400.3
Note that misdemeanor vandalism usually results in county jail time, and/or a fine. In contrast, a felony conviction can result in a
Some states have different forms of vandalism penalties depending on:
For example, under Illinois law, you can face felony vandalism charges if you vandalize:
As to the instrument used to vandalize something, note that Nevada law says that vandalism is most often a misdemeanor if you vandalize property using signs or posters.5
If you commit vandalism as a minor, you will usually face the juvenile court process.
This process does not really make a strong distinction between charging a crime as a misdemeanor or a felony.
Rather, the focus of juvenile court is to try and rehabilitate an offender as opposed to punish the offender with:
To help accomplish rehabilitation attempts, juvenile courts will usually impose the following in juvenile vandalism cases:
It can, yes. Many states say that a vandalism victim can file a civil lawsuit against the vandalism offender.
The “victim” can file a civil case in order to recover the cost of repairing or replacing the damaged property.
Note that a “victim” can file a civil suit even if an offender was charged with vandalism in criminal court.
Yes. You should consult with a criminal defense lawyer or law firm if you are facing criminal charges of any type of property crime. This includes charges of vandalism.
A defense lawyer can help in these cases by:
As to the latter, you can often contest a vandalism charge by showing that:
In our experience as criminal defense attorneys, defendants are more confident in facing vandalism charges when they have a skilled criminal defense lawyer on their side.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.