Vandalism is a form of malicious mischief and a violation of Penal Code Section 594.
Vandalism can be filed as both a felony and misdemeanor. It is typically filed as a felony when the damages are greater than $400 and the defendant has a prior criminal record.
Any person can be found guilty of vandalism that, without permission, damages, destroys or defaces with graffiti real or personal property not belonging to him or her.
If a vandalism case is filed as misdemeanor, there are instances where it can be disposed of through a “civil compromise”. Under penal code section 1377 and 1378 this type of compromise is achieved by contacting the victim of the vandalism, and through negotiation, try to agree on the price for the damage of the property. If an agreement is reached, a monetary settlement is then paid to the victim. A motion is then prepared and filed to dismiss the criminal charge, based upon a civil compromise being reached. While this remedy is not available in all cases, the opportunity to enter into a civil compromise is an excellent way to resolve a vandalism charge because the case is dismissed.
A vandalism charge cannot be rendered upon someone destroying his or her own property, however, if individuals are cohabitating, and a person who resides within the residence damages property without the consent of the property owner, the person who committed the vandalism could be found liable and charged with vandalism. Additionally, if a defendant is a minor and is found guilty of vandalism, they are at risk of losing their driver’s license for a period of 1 year under Vehicle Section 13202.6.
If you or someone you know has been charged with a vandalism offense, please contact our office immediately. We will educate you on the laws surrounding this charge, as well as help you in planning a defense strategy.
The initial consultation is free.
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