Vandalism in California

LOS ANGELES VANDALISM ATTORNEY
Vandalism is prominent in California.  From artists attempting to show off their skills, to couples, and for gang members to assert territory.  Some of it is skillful and can be called art, while some is just scribble.  Vandalism isn't just graffiti though.  The term is most commonly associated with writings or drawings done with spray paint or markers.  But broken windows, fences/doors during the course of another crime could be classified as vandalism as well.  Vandalism often involves damage to vehicles, including keying, slashing tires, breaking windows, etc.  Unintentionally destroying another person's property, even if negligently, is not a crime, but the offender may be subject to civil liability.  

Maliciously destroying, defacing or damaging the property of another is vandalism and is a crime in California pursuant to PC 594.  It can be charged as an infraction, a misdemeanor or felony.  PC 594.2 makes it a crime to possess a variety of different instruments commonly used to commit vandalism, but also must prove. the intent to use those tools to commit vandalism.  A first offense, where the value is below $250 can be charged as an infraction.  If the value is below $400, the crime will be charged as a misdemeanor and if the value is above $400, it will be a felony vandalism charge.  These values are often estimated by the police or property owners, but can be challenged by the defense.  Your lawyer can have independent appraisals of the damage done to contradict the government's claim to the cost of the damage.

In California and Los Angeles, it is also common for those charged with vandalism also to be charged with gang enhancements.  Gangs identify territory by use of tags on walls and street signs.  Others do it for revenge, anger, fun or boredom.  Vandalism cases often involve restitution, making the consequences pretty expensive and severe.  Your lawyer can help assert defenses on your behalf and negotiate to have the charges lowered or dismissed.  For misdemeanor vandalism violations, your lawyer might be able to negotiate a civil compromise dismissal, where the owner of the vandalized property agrees to withdraw prosecution once the vandalism was repaired or cleaned up.

Defenses include:  Mistaken Identity, Consent, Insufficient Evidence, False Accusations and more.

Additionally, in property crimes cases, repairing the damage can greatly mitigate the punishment.  In fact, it is possible to get a dismissal of a vandalism charge by working out a civil compromise with the victim and filing a motion for the judge to dismiss the case on the basis that the victim has been made whole.  Even without a civil compromise, the fact that restitution is made or that the damage is repaired can be a great tool for the defense at sentencing. 

Police don't always catch offenders in the act.  Sometimes paint stains on the hands or clothing, admissions of guilt and possession of tools are the evidence an officer uses to make an arrest and that the prosecution will use to file criminal charges in court.  If you've been charged with vandalism at any level, call my office for a free consultation and case evaluation.  We can discuss your case in detail, evaluate  your defenses and get started on protecting your rights.  You need a Los Angeles Criminal Defense Attorney to defend you against these charges. 

If you or a loved one has been arrested or charged with vandalism or another crime in Los Angeles, contact the Law Offices of Nicholas Loncar now for a Free Consultation with a Los Angeles Criminal Defense Lawyer.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Best,

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
NL@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

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