Vandalism

Dan Koukol is a criminal defense lawyer successfully defending vandalism cases in Placer County, including Roseville, Granite Bay, Auburn, Lincoln, Loomis, and surrounding areas, for more than 25 years.

If you are charged with vandalism, you need a lawyer who:

  1. Understands the intricacies of the vandalism charges you are facing.
  2. Is familiar with the alternatives to a conviction.
  3. Is often able to obtain outcomes involving restitution and community service instead of jail.
  4. Understands how to structure outcomes so you can clean up your record.

I have represented hundreds of clients and my experience as a criminal defense attorney handling cases in Placer County, Roseville, Granite Bay, Auburn, Lincoln, Rocklin, and Loomis for more than 25 years allows me to get to the best outcome possible in your case.

If you are facing vandalism charges, call me at (530) 823-5400 to set up a free consultation.

Charge

Description

Severity

Sentence Range

With Probation

Sentence Range

Without Probation

Penal 594(b)(1)

Vandalism—damage more than $400

Felony

0 to 365 days

16m, 2y, or 3y

Penal 594(b)(1)

Vandalism—damage more than $400

Misdemeanor

0 to 365 days

0 to 365 days

Penal 594(b)(2)

Vandalism—damage less than $400

Misdemeanor

0 to 365 days

0 to 365 days

Background

Vandalism is the intentional damaging or defacing of property.

If there is less than $400 worth of damage, the offense is a misdemeanor. If there is more than $400 worth of damage, or if you have a prior vandalism conviction, the charge may be filed as a felony.

When the damage is more than $400, vandalism is a wobbler (meaning it can be charged either a felony or a misdemeanor depending on the circumstances of the crime and your criminal record) and is not a strike.

“Tagging” (graffiti) is an act of vandalism. In cases involving graffiti, the court can order you to clean up the damaged property and to clean up future instances of graffiti on the property for up to one year from the date of sentencing.

In most vandalism cases, the court can order probation rather than jail or prison time. The court also has the authority to suspend your driver license as a result of a vandalism conviction. In many instances the court will agree not to order a driver license suspension if you participate in community service.

Burden of Proof

To prove you are guilty of this crime, the prosecution must prove that:

  1. You maliciously defaced (with graffiti or other inscribed material), damaged, or destroyed someone else’s property,
  2. You did not own the property or you owned the property with someone else.
Legal Defenses

Although the specific legal defenses that apply to your case will vary, several defenses are common to vandalism charges. Some of these include (but are not limited to):

  • You damaged the property by accident.
  • The property belonged to you.
Negotiated Settlements

If you decide you cannot successfully defend against the charge, and you need to enter an admission to settle your case, you will want to:

  • Carefully negotiate the offense you admit to.
  • Negotiate to avoid jail, replacing it with restitution or community service.
  • Make arrangements, in advance, to clean up your criminal record as soon as possible.

If you are facing vandalism or other charges, I can help. Call me at (530) 823-5400 to set up a free consultation.