WHEN IS VANDALISM CHARGED AS A FELONY IN CALIFORNIA?
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California’s street art scene is world-renowned. Murals and graffiti stretch from San Diego to Sacramento.
But under state law, the line between street artist and vandal can be a costly distinction — dividing freedom from felony charges.
One naïve decision can lead to lifelong barriers to jobs, housing, voting rights, gun ownership, and more.
As experienced California criminal defense attorneys dealing with vandalism cases for over 15 years, KCW Law knows this crime carries serious penalties that can turn lives upside down.
Let’s walk through California’s vandalism law, when damage elevates to a felony, and most importantly — your options if you are facing such charges.
What Constitutes Vandalism Under California Law?
Under California Penal Code §594, vandalism means defacing, damaging, or destroying any real or personal property belonging to another. This includes acts such as:
Spray painting graffiti
Keying a car
Smashing windows
Slashing tires
Even damaging your own property can qualify as vandalism if it impacts a lender, insurer, or co-owner.
Unfortunately, many minors don’t realize nuisance acts often get prosecuted as serious crimes. Throwing paint on a wall, carving desks, or even spraying silly string can all lead to criminal charges.
📌 Related reading: Los Angeles Times coverage of rising graffiti arrests shows how aggressively prosecutors pursue even “minor” cases.
How Vandalism Escalates to a Felony
While many vandalism cases are misdemeanors, prosecutors may file felony charges depending on several factors:
Extent of Damage
If the cost of damage exceeds $400, the offense elevates to a felony. This threshold is outdated and fails to reflect inflation, meaning even relatively minor acts can now cross the line.
Prior Vandalism Convictions
Two or more prior vandalism convictions automatically make a new violation a felony — regardless of the cost of damage.
Type of Property Targeted
Vandalism becomes a felony if the property belongs to:
Government or public institutions
Transit or utility providers
Healthcare facilities, schools, churches, or cemeteries
📌 Example: NBC San Diego reported a man was charged with felony vandalism after damaging MTS transit property, even though no one was injured.
Hate Crime Enhancements
If vandalism is charged as a hate crime — for example, racist or homophobic graffiti — penalties increase dramatically, often adding years of prison time.
The Severe Penalties If Convicted
Felony vandalism is not just about “property damage.” The consequences extend into nearly every part of a person’s life:
Prison sentences: 16 months to 3 years in state prison. Hate crimes, gang allegations, or prior strikes can add much longer time.
Fines & restitution: Up to $10,000 in fines plus restitution for repair costs — debts that can haunt people for decades.
Probation violations: Failure to keep up with these financial obligations often triggers new jail time.
Collateral consequences: Barriers to employment, housing, education, immigration eligibility, firearms ownership, and more.
📌 Real-world example: In The Sacramento Bee, a teen was charged with felony vandalism after spray-painting a local high school — a case that triggered permanent consequences.
Protect Your Rights When Facing Allegations
The most important step is to get an experienced criminal defense attorney involved immediately. Prosecutors often overcharge vandalism cases as felonies, and early legal intervention makes a huge difference.
Defenses We Use in Vandalism Cases
At KCW Law, we have successfully defended clients with strategies such as:
Showing insufficient or flawed evidence
Proving mistaken identity
Arguing graffiti is protected free speech
Suppressing evidence from illegal searches or arrests
We have also negotiated countless reductions from felonies to misdemeanors — protecting clients from the lifelong impact of a felony record.
📌 Learn more: Our Criminal Defense Practice Areas.
Don’t Face Felony Vandalism Charges Alone
California takes a zero-tolerance approach to vandalism — but that does not mean you should accept unfair or inflated charges.
The attorneys at KCW Law bring over 15 years of experience specifically defending vandalism cases throughout California. We know how to fight inflated charges, negotiate reductions, and protect our clients from unjust felony convictions.
📞 Call 626-720-1429 today for a FREE case review.
Your freedom, future, and record are worth protecting.
