The Short Answer
California vandalism is charged by damage amount: under $400 is a misdemeanor, over $400 becomes a wobbler that can be filed as a felony. Penalties include fines, restitution, probation, and possible jail, but intent and identity are contestable in most cases, and diversion or civil compromise can resolve many of them without a conviction.
Vandalism under Penal Code 594 is maliciously defacing, damaging, or destroying property that is not yours, and the charge is far broader than graffiti. Any real or personal property counts: a car, a wall, a tree, a driveway, a fence, a laptop, a keepsake. The dividing line is the repair figure. Under $400 it is a misdemeanor; at $400 or more it becomes a wobbler the prosecutor can file as a felony.
Two situations produce more of these cases than spray paint does. Property broken during an argument between partners or family members gets filed as vandalism alongside, or instead of, a domestic violence charge. And a dispute between neighbours or exes turns into a criminal case over a keyed car. Farris Law Firm defends these across Orange County and Los Angeles, where the value figure and the identification are usually both softer than the report suggests.
Vandalism Charges We Defend
Vandalism under $400 (PC 594(b)(2)(A))
The misdemeanor tier, and where most first cases sit. The damage figure is the prosecution's estimate, not an established fact.
Vandalism of $400 or more (PC 594(b)(1))
A wobbler. The same conduct can be filed as a misdemeanor or a felony, which makes the repair estimate the single most important number in the case.
Graffiti and defacement (PC 594, PC 594.1)
Inscribed material of any kind, permanent or not. PC 594.1 separately covers possession of aerosol paint with intent to deface and sales to minors.
Vandalism arising from a domestic incident
Property broken during an argument. Charged under PC 594 but frequently carrying the domestic violence consequences of the underlying case, including a protective order.
Vandalism with a prior (PC 594(b)(2)(B), PC 594.6)
A prior vandalism conviction raises the fine ceiling and, under PC 594.6, brings mandatory minimum community service on a second offense.
Stay-away orders (PC 136.2)
Courts routinely bar contact with the property or its owner. Violating one is a new criminal charge, independent of how the vandalism case resolves.
Defenses That Work in Vandalism Cases
PC 594 requires malice and it requires that the property was not yours. Both are contestable, and so is the number that decides the charging level:
- Malice is an element: damage that was accidental, or that happened while you were doing something else, is not vandalism no matter who paid to fix it
- Identity, which is the weak point in most graffiti and keyed-car cases — they are built on circumstantial evidence and on who someone assumed was responsible
- Ownership and consent: you cannot vandalise your own property, and in a marriage or a shared tenancy what is actually jointly owned is a real question
- The repair estimate is evidence, not arithmetic. An inflated or replacement-cost figure that crosses $400 can be brought back under it, which changes the charge itself
- Civil compromise under PC 1377 and PC 1378, where the owner is made whole and consents, which lets the court dismiss
- Judicial diversion under PC 1001.95, which can dismiss the case on completion of conditions and is available over the prosecutor's objection
Frequently Asked Questions
Is vandalism a felony in California?
It depends on one number. Under PC 594(b)(2)(A), damage under $400 is a misdemeanor capped at a year in county jail and a $1,000 fine. At $400 or more, PC 594(b)(1) makes it a wobbler — the prosecutor can file it as a felony carrying 16 months, 2, or 3 years, or as a misdemeanor. Because the tier is set by the repair cost, challenging an inflated estimate is often the most valuable work in the case, and a wobbler filed as a felony can still be reduced under PC 17(b).
If I pay for the damage, will the case be dismissed?
It can be, through one of two routes, but not automatically. Civil compromise under PC 1377 and PC 1378 allows the court to dismiss where the owner has been made whole and consents — vandalism is frequently a good candidate for it. Separately, the prosecutor may agree to dismiss if you pay the damages up front and stay out of trouble for an agreed period, and judicial diversion under PC 1001.95 achieves the same result through the judge. Paying without an agreement in place gets you none of this, so the sequence matters.
Can I be charged with vandalism for breaking my own property?
Not for property that is solely yours — PC 594 requires the property to belong to someone else. It gets complicated where ownership is shared. Property acquired during a marriage is generally community property, and a phone, a car, or furniture broken during an argument can be charged on the theory that your spouse has an ownership interest too. This is one of the most common ways a domestic incident produces a vandalism count, and the ownership question is genuinely litigable rather than a technicality.
Will a graffiti conviction affect my driver's licence?
It can, which surprises most people because there is no driving involved. VC 13202.6 lets the court suspend a licence for up to two years on a conviction for vandalism involving graffiti, and for someone not yet licensed, delay eligibility instead. It is discretionary rather than automatic, which means it is worth arguing against at sentencing — particularly where you need to drive for work or school.