VANDALISM ATTORNEY LOS ANGELES

Jerod Gunsberg, Los Angeles Criminal Defense Attorney

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If you or or a loved one is charged with vandalism in the Los Angeles area – – whether it be tagging or graffiti or defacing property —  the punishments can be severe.  Depending on the extent of the damage, a person accused of vandalism could be charged with a felony, face extensive fines, time in the county jail, and in some cases state prison and a “strike” under California’s three strikes law.

If you are the parent of a minor who is convicted of vandalism, you will be financially responsible for the damage your child caused. This is why it is important to retain a qualified Los Angeles criminal defense lawyer to handle your vandalism or tagging case.

TYPES OF VANDALISM

  • Breaking a window or door
  • Etching or carving into a piece of glass or wood such as a table, chair, desk or bench.
  • Tagging with markers (“tips”) or paint.
  • Intentionally damaging somebody else’s property including mailboxes, cars, plants, lawn or other personal property.

FELONY VANDALISM

To be found guilty of vandalism, the prosecution must prove that a person maliciously defaced, damaged, or destroyed somebody else’s property without their permission. See California Penal Code Section 594(b)(1).

If the amount of the damage comes to $400 or more or if the person charged has a prior criminal record or if there are allegations the vandalism was done as a “hate crime”, the offense can be prosecuted as a felony. In cases of extreme damage or repeated offenses, a person accused of felony vandalism is facing time in county jail or state prison and fines of up to $10,000.  If convicted of tagging or graffiti offense, there will be special conditions of probation regarding paying for repairs of the damaged property, and requirements to participate in graffiti cleanup programs.

Additionally, if the prosecution believes that the tagging was done to further the activities of a criminal street gang, then a felony will be filed and a person could be charged with a “strike” under California’s three strikes law. If you or a loved on are in this situation, please contact us.  We are criminal defense lawyers with experience and expertise in handling felony vandalism cases with gang enhancements.

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MISDEMEANOR VANDALISM

If the damage is less than $400, then only a misdemeanor offense will be charged.   charged.  Misdemeanor vandalism carries the  possibility of time in county jail, probation, community labor, and fines.  If convicted of a misdemeanor tagging or graffiti offense, there will be additional conditions of probation participation in graffiti cleanup program and fines ranging from $1,000 to $5,000, depending on whether or not this is a first offense.  A qualified Los Angeles criminal defense attorney can help you avoid these harsh consequences.

Possession of Tagging or Graffiti Tools

Under California Penal code Section 594.2, if a person is found with marker that has a tip that is more than  3/8” wide or a “similar implement” that is filled with ink that can’t wash off with water and intends to use that marker for tagging or graffiti can be convicted of a misdemeanor.  The same goes for possession of etching tools, drill bits, glass cutters, and spray paint containers. But remember, possession of these materials is not enough for a conviction, the prosecution must prove that someone intended to use these materials for tagging. 

IN LOS ANGELES COUNTY,

VANDALISM CASES ARE AGGRESSIVELY PROSECUTED.

IF YOU OR A LOVED ONE ARE FACING A VANDALISM CASE

WE CAN HELP.

CALL THE LAW OFFICES OF JEROD GUNSBERG

AT (310) 210-0744 FOR A FREE CONSULTATION.