California Vandalism Laws

The California Penal Code defines vandalism as maliciously defacing, damaging, or destroying another person’s property. This can include anything from tagging a wall with spray paint to smashing a car’s window.

What Is Graffiti?

Tagging and graffiti refer to markings, drawings, inscriptions, or tags made on a wall, surface, or other properties, usually without permission and often using spray paint or markers. It is considered a form of vandalism under the law, especially when done without the consent of the property owner.

Examples of graffiti include:

• Tagging: This is the most basic form of graffiti and involves an artist writing their chosen name or identifier in a stylized form, usually in one color.
• Throw-Ups: These are more elaborate than tags and are generally done in two or more colors. They’re often bubble-letter designs that can be done quickly.
• Stencils: Some artists use stencils to create repetitive patterns or detailed images quickly. Banksy, a renowned street artist, is known for using this method.
• Murals or Pieces: These are large, detailed, multi-colored drawings. They’re often quite artistic and can take hours, even days, to complete.
• Stickers or Slaps: These are illustrations or tags on adhesive labels. Artists can make these in advance and later affix them to surfaces as a form of graffiti.
• Wildstyle: This is a complex, intertwined, and layered style of graffiti that can be difficult to read for those unfamiliar with it.
• Blockbusters: These are big, block-letter designs, often filled in with solid color, meant to cover a large area quickly.
• Post-Graffiti: This refers to more abstract, modern forms of street art, which might involve the use of non-traditional techniques and materials.
• Scribing: This involves etching or scratching a design into a hard surface, such as glass or metal.
• Political and Activist Graffiti: These types convey a social or political message. They might criticize a government policy, promote a cause, or raise awareness about an issue.
• Street Art Murals: These are large-scale paintings or designs, often executed with permission. They can transform public spaces and are sometimes commissioned to beautify areas. Popular street artists like Banksy have helped popularize this form.
• Throw-ups: These are more elaborate than tags but less detailed than murals. They are often done in bubble letters and can be quickly painted.
• Stickers (also called “slaps”): Artists design and print stickers, then place them around a city. They can be a quicker and more discreet way to leave a mark.
• Stencils: These are designs that are pre-cut into cardboard or another medium. The artist can then quickly spray paint over the stencil to leave a repeated and consistent image.

While many view graffiti as an art form, it is still illegal when done without permission on public or private property. On the flip side, there are designated areas and events in some cities where graffiti artists can display their talents

What if I Just Scratched My Name on Someone’s Desk? Can I Be Charged With Vandalism in California?

Yes, even minor acts like scratching your name onto someone’s desk can be considered vandalism. The key aspect is the act of defacing or damaging property without their consent.

Why Can Vandalism Be a Misdemeanor or Felony?

The classification as a misdemeanor or felony typically hinges on the monetary amount of the damage caused. In California, if the damage is $400 or more, the defendant can be charged with felony vandalism. Damage less than $400 is usually considered misdemeanor vandalism.

A misdemeanor and a felony are both classifications of crimes, but they differ primarily in their severity and the penalties associated with them.

Here’s a breakdown:

Misdemeanor

• Severity: Misdemeanors are considered less serious than felonies.
• Penalties: Penalties for misdemeanors usually include fines, probation, community service, and incarceration in a county or local jail for less than a year.
• Criminal Record: A misdemeanor will appear on a person’s criminal record but doesn’t carry the same weight or long-term consequences as a felony. It might be easier to expunge a misdemeanor from a record than a felony.
• Rights: Someone convicted of a misdemeanor generally retains all civil rights, like voting or possessing a firearm, although there may be some short-term restrictions based on the nature of the crime.

Felony

• Severity: Felonies are considered more serious crimes. They often involve physical harm or threat of harm to victims but can also include white-collar crimes with significant financial implications.
• Penalties: Penalties for felonies are more severe and can include larger fines and longer periods of incarceration in a state prison.
• Criminal Record: A felony conviction carries long-term consequences. It can impact employment opportunities, housing applications, and other facets of daily life.
• Rights: Those convicted of felonies often lose certain civil rights, possibly permanently. These can include the right to vote, the right to possess firearms, and even the ability to hold certain licenses or public offices.

In essence, the distinction between a misdemeanor and a felony relates to the gravity of the crime and its accompanying punishments. While both can impact a defendant’s life, felonies are seen as more serious and come with longer-lasting consequences.

What Is the Punishment for Misdemeanor Vandalism?

In California, misdemeanor vandalism can result in penalties like fines (usually not exceeding $1,000 for a first offense), probation, community service, or a jail sentence of up to one year.

What Is the Punishment for Felony Vandalism?

Felony vandalism, where the damage is $400 or more, can lead to stiffer penalties. This includes higher fines, potentially years in state prison, probation, or more extended community service.

Will I Have to Clean up the Damage?

Yes, restitution, which includes cleaning, repairing, or financially compensating for the damage, is often part of the penalty for vandalism. Courts may order the defendant to repair the damage themselves or pay for its repair.

Example:

Imagine that John, a teenager, was caught spray-painting a mural of a dragon on the side of a local business without permission. Upon conviction for vandalism, the judge ordered that, as part of his penalty and rehabilitation,

John must:

• Clean up his graffiti: John would have to personally remove the spray paint. This could involve him scrubbing off the paint, using solvents or paint removers, or attending workshops on graffiti removal.
• Repair any other damage: John had damaged an outdoor light fixture during his artwork. The court could order him to either replace the light fixture or pay for its repair.
• Financial Restitution: In addition to cleaning, the court determines that John must compensate the business owner for the business he lost for the two days it took to restore the property and for the purchase of paint and other materials. John would then be required to pay a determined amount to the business owner to cover these losses.

This restitution process ensures that the victim is made whole and the perpetrator understands the consequences and the inconvenience they caused by their actions.

Should I Talk to a Lawyer Regarding My Case?

Absolutely. If you’re facing vandalism charges in California, consulting with an experienced criminal lawyer is crucial to understand your rights and potential defenses. An attorney can provide guidance tailored to your situation.

If you’re looking for qualified representation, consider reaching out to a California criminal lawyer through LegalMatch.