Is Vandalism a Felony in California? Penal Code 594 Explained

Q: Is vandalism a felony or a misdemeanor in California?

It depends on the damage amount. Under Penal Code section 594, vandalism causing less than $400 in damage is a misdemeanor, and vandalism causing $400 or more is a wobbler that the prosecutor can file as a felony or a misdemeanor. A felony can later be reduced under Penal Code section 17, subdivision (b).

Q: Can I be charged with vandalism for breaking my own property?

Not if you own it alone, but yes if it is shared. Penal Code section 594 applies to property that is not your own, and People v. Kahanic held that damaging community property owned with a spouse counts. Breaking your own phone or television that you alone own is not vandalism, though it may be used as evidence in a related domestic violence case.

Q: What happens if the damage was an accident?

Accidental damage is not vandalism. The prosecutor must prove that you acted maliciously, meaning you intended a wrongful act or intended to annoy or injure someone. Negligence, accident, or damage caused while doing something lawful does not satisfy that element, and the evidence of how the damage happened is usually the center of the defense.

Q: Will I have to pay for the damage?

Yes, if you are convicted or accept diversion. Penal Code section 1202.4 requires the court to order restitution to the property owner, and diversion programs typically make restitution a condition. You are entitled to a hearing on the amount, and the owner must document the loss. Paying restitution early often improves the plea offer.

Q: Can a vandalism charge be dismissed through diversion?

Often, yes. Misdemeanor vandalism is eligible for judicial diversion under Penal Code section 1001.95, and the case is dismissed on successful completion. Civil compromise under Penal Code section 1377 is another route when the owner has been compensated. Felony vandalism is not eligible for judicial diversion unless first reduced to a misdemeanor, but mental health diversion under Penal Code section 1001.36 may apply.

Q: Does a vandalism conviction affect my record permanently?

Not necessarily. A conviction that results in probation can usually be dismissed under Penal Code section 1203.4 after probation ends, using form CR-180. A felony can also be reduced to a misdemeanor under Penal Code section 17, subdivision (b), which restores firearm rights lost under Penal Code section 29800 unless another prohibition applies.

Daniel Gramling, Esq.

15 minutes ago

11 min read

The short answer: vandalism under Penal Code section 594 is a misdemeanor when the damage is less than $400 and a wobbler, meaning it can be charged as a misdemeanor or a felony, when the damage is $400 or more. The prosecutor must prove that you maliciously defaced, damaged, or destroyed property that you did not own outright, and the dollar amount of the damage decides how serious the charge is. Vandalism cases in Riverside, San Bernardino, and Los Angeles County courts range from a keyed car or a broken phone during an argument to graffiti and smashed storefronts, and the defenses depend heavily on how the damage amount was calculated and whether the act was intentional. This guide explains the elements, the defenses, the penalties, and what to expect at courthouses such as the Riverside Hall of Justice and the Fontana courthouse.

Why vandalism charges are more common than people think. Vandalism is one of the most frequently filed property crimes in Southern California because it attaches to so many other situations. A domestic argument that ends with a thrown phone, a bar fight that breaks a window, a dispute with a landlord, a road rage incident, or a teenager with a marker on a bus bench can all become a Penal Code section 594 charge. Prosecutors in the Inland Empire and Los Angeles County often add vandalism to a domestic violence or assault filing, which raises the stakes for a plea and creates restitution exposure that follows you after the case ends.

What the Prosecutor Must Prove for Vandalism

The elements of Penal Code section 594. To convict you of vandalism, the prosecutor must prove beyond a reasonable doubt that (1) you maliciously defaced with graffiti or other inscribed material, damaged, or destroyed real or personal property; (2) you did not own the property, or you owned it together with someone else; and, for a felony charge, (3) the amount of damage was $400 or more. The pattern jury instruction, CALCRIM 2900, tracks those elements. Each one is a place where the case can fall apart, and a good defense begins by testing them against the actual evidence rather than the police summary.

What "maliciously" means. Under Penal Code section 7, acting maliciously means intending to do a wrongful act or acting with the intent to annoy or injure another person. That is a mental state, and it is the element prosecutors most often assume rather than prove. Accidentally backing into a fence, breaking a window while trying to get into your own locked home, or damaging property during a struggle you did not start can all fail the malice requirement. Because the mental state is inferred from circumstances, witness credibility and video often decide the issue, which is why we tell clients not to explain themselves to police before talking to a lawyer, as covered in our guide on what not to say to police.

Ownership and community property. The statute applies to property that is "not his or her own," and the courts have held that this includes community property owned jointly with a spouse. In People v. Kahanic (1987) 196 Cal.App.3d 461, the Court of Appeal upheld a vandalism conviction where the defendant damaged a car that was community property of the marriage, reasoning that each spouse has an interest the other cannot destroy. That case is why a spouse who smashes the family television or keys the shared car can be charged even though the property is partly theirs. It does not, however, reach property you own alone.

The damage amount is an element, not an afterthought. For a felony, the prosecutor must prove that the damage reached $400. The amount is usually established through a repair estimate or a replacement cost, and those numbers are frequently inflated, undocumented, or based on replacing an entire item that could have been repaired. Prosecutors also try to aggregate damage from several incidents, which the statute permits in some circumstances but which must still be proven. Challenging the valuation is often the fastest route from a felony to a misdemeanor.

Common Defenses to Vandalism Charges

Lack of malice or accident. If the damage was accidental, the result of negligence, or done for a lawful purpose, there is no vandalism. Breaking a window to rescue a child or pet from a hot car, or damaging a door while lawfully entering your own residence, is not malicious. Video, 911 calls, and the physical evidence of how the damage occurred are the key proof.

Mistaken identity and insufficient evidence. Graffiti and property damage cases are frequently built on a witness who saw someone from a distance, a partial license plate, or a suspicion that the person with a grudge must be responsible. Without a confession, video, or forensic evidence tying you to the act, the case may not survive a motion or a trial. Our article on what makes a criminal case weak explains how prosecutors evaluate these gaps.

Ownership or consent. You cannot vandalize property you own outright, and property damaged with the owner's permission is not vandalism. In landlord and tenant disputes, roommate disputes, and breakups, who owned the item and whether there was consent to alter or remove it are real questions, and they are often answered by receipts, leases, and text messages. Our guide on whether police can use your text messages explains how those messages come into evidence for both sides.

Challenging the dollar amount. Even where the act is undisputed, a defense that pulls the damage below $400 converts a felony into a misdemeanor and opens the door to diversion and civil compromise. Independent repair estimates, evidence of the item's actual condition before the incident, and cross examination of the estimator are standard tools.

Suppression and constitutional issues. If the evidence came from an unlawful stop, search of your phone, or search of your car, a motion under Penal Code section 1538.5 can remove it from the case. Graffiti cases in particular often rely on spray cans, markers, or photos found during a search, and the lawfulness of that search matters. See our guide to 1538.5 motions and our article on car searches in California.

Penalties for Vandalism in California

Misdemeanor vandalism under $400. When the damage is less than $400, vandalism is a misdemeanor punishable by up to one year in county jail and a fine, with a higher fine possible if you have a prior vandalism conviction. Judges in Riverside and San Bernardino County commonly impose probation, restitution, community service, and a graffiti removal condition rather than jail for a first offense. Small graffiti cases can sometimes be charged under Penal Code section 640.5 or Penal Code section 640.6 instead, which carry lighter penalties for minor defacement.

Felony vandalism at $400 or more. When the damage is $400 or more, the charge is a wobbler. As a felony it is punishable by 16 months, two years, or three years under Penal Code section 1170, subdivision (h), served in county jail rather than state prison, or by up to one year in county jail with felony probation, and the fine ceiling rises with the amount of damage. As a misdemeanor it carries up to one year in county jail. The prosecutor chooses the initial charge, and the judge can reduce a felony to a misdemeanor under Penal Code section 17, subdivision (b), at the preliminary hearing, at sentencing, or after probation, as explained in our guide to reducing a felony to a misdemeanor.

Restitution follows every conviction. Regardless of the sentence, the court must order restitution to the property owner under Penal Code section 1202.4, and a restitution order is enforceable like a civil judgment. Disputes over the amount are resolved at a restitution hearing where the owner must document the loss. Vandalism is also one of the few crimes where the statute itself directs the court to consider ordering the defendant to clean up or repair the damage and, in graffiti cases, to keep the property free of graffiti for a period of time.

Related vandalism statutes. Prosecutors may also file possession of vandalism tools with intent under Penal Code section 594.2, vandalism of a place of worship under Penal Code section 594.3, or vandalism using caustic chemicals under Penal Code section 594.4, each with its own elements and penalties. Damage to a vehicle during a domestic incident is often paired with Penal Code section 273.5 or Penal Code section 243, subdivision (e)(1), and damage to a phone to stop a 911 call can be charged under Penal Code section 591.5.

Diversion and Civil Compromise for Vandalism

Misdemeanor diversion under Penal Code section 1001.95. Misdemeanor vandalism is eligible for judicial diversion under Penal Code section 1001.95, which allows the judge to grant diversion over the prosecutor's objection, impose conditions such as restitution and community service, and dismiss the case on completion. The main exclusions are domestic violence offenses, stalking, and registrable sex offenses, so a vandalism count that is part of a domestic violence filing may be treated differently. Our guide to misdemeanor diversion explains the process in the Inland Empire courts.

Civil compromise. Because vandalism gives the property owner a civil remedy, a misdemeanor vandalism case can sometimes be resolved through civil compromise under Penal Code section 1377 and Penal Code section 1378. The owner acknowledges in court that they have been compensated and do not wish to prosecute, and the judge may dismiss the case. Prosecutors cannot block a civil compromise, but the judge has discretion, and the procedure does not apply to felonies or to offenses committed against a family member in a domestic context.

Mental health diversion. Where the vandalism was connected to a diagnosed mental health condition, pretrial mental health diversion under Penal Code section 1001.36 may be available for either a misdemeanor or a felony vandalism charge, as described in our guide to mental health diversion.

Collateral Consequences of a Vandalism Conviction

Driver's license consequences for graffiti. The Vehicle Code allows the court to suspend or delay the driver's license of a person convicted of graffiti vandalism under Vehicle Code section 13202.6, a consequence that surprises many younger defendants and their parents. Ask your lawyer whether the charge as filed triggers that provision.

Immigration. Vandalism is generally not treated as a crime involving moral turpitude, but a felony conviction with a sentence of a year or more, or a conviction paired with a domestic violence count, can create immigration exposure. Defense counsel must advise noncitizen clients under Penal Code section 1016.3, and the plea should be structured with that in mind.

Firearms, licenses, and custody. A felony vandalism conviction brings the lifetime California firearm ban under Penal Code section 29800 unless later reduced to a misdemeanor, and any conviction can be reported to licensing boards for nurses, teachers, security guards, and contractors. In a family law case, vandalism tied to a domestic incident can support a restraining order under Family Code section 6320, which covers destroying personal property, and can affect custody. See our domestic violence restraining order page and our guide on how a domestic violence arrest affects custody.

Expungement. Most vandalism convictions that result in probation can later be dismissed under Penal Code section 1203.4 by petition on form CR-180, with the order on form CR-181. Our expungement guide explains timing and eligibility.

How Vandalism Cases Move Through Inland Empire and Los Angeles Courts

Where the case is heard. Vandalism arrests in Riverside, Moreno Valley, Corona, and Perris are filed at the Riverside Hall of Justice; Temecula, Murrieta, and Lake Elsinore cases go to the Southwest Justice Center in Murrieta; Fontana, Rialto, San Bernardino, and Redlands cases are heard at the San Bernardino Justice Center or the Fontana courthouse; and Rancho Cucamonga, Ontario, and Upland cases go to the Rancho Cucamonga courthouse. In Los Angeles County, cases from Pomona and the East San Gabriel Valley go to the Pomona courthouse, while Long Beach, Torrance, Van Nuys, and the Clara Shortridge Foltz Criminal Justice Center serve their own areas. Confirm the courthouse on your citation and the court's website.

What the first hearing looks like. Misdemeanor vandalism defendants are usually cited and released, and a lawyer can often appear for them at arraignment under Penal Code section 977, subdivision (a). Felony defendants face a bail decision under In re Humphrey (2021) 11 Cal.5th 135 and a preliminary hearing where the damage amount is often contested for the first time. Our guides to arraignment in Riverside County and what happens next after being charged walk through each stage.

How plea offers typically move. For a first offense with documented restitution, prosecutors in Riverside and San Bernardino County commonly agree to diversion, a reduction to a misdemeanor, or a plea to an infraction or a lesser charge such as disturbing the peace under Penal Code section 415. Paying restitution early, before the first pretrial hearing, is the single most effective step a client can take, because it removes the victim's main reason to push for a conviction. Our article on whether to take a plea deal explains how to evaluate an offer.

Frequently Asked Questions

Is vandalism a felony or a misdemeanor in California?

It depends on the damage amount. Under Penal Code section 594, vandalism causing less than $400 in damage is a misdemeanor, and vandalism causing $400 or more is a wobbler that the prosecutor can file as a felony or a misdemeanor. A felony can later be reduced under Penal Code section 17, subdivision (b).

Can I be charged with vandalism for breaking my own property?

Not if you own it alone, but yes if it is shared. Penal Code section 594 applies to property that is not your own, and People v. Kahanic held that damaging community property owned with a spouse counts. Breaking your own phone or television that you alone own is not vandalism, though it may be used as evidence in a related domestic violence case.

What happens if the damage was an accident?

Accidental damage is not vandalism. The prosecutor must prove that you acted maliciously, meaning you intended a wrongful act or intended to annoy or injure someone. Negligence, accident, or damage caused while doing something lawful does not satisfy that element, and the evidence of how the damage happened is usually the center of the defense.

Will I have to pay for the damage?

Yes, if you are convicted or accept diversion. Penal Code section 1202.4 requires the court to order restitution to the property owner, and diversion programs typically make restitution a condition. You are entitled to a hearing on the amount, and the owner must document the loss. Paying restitution early often improves the plea offer.

Can a vandalism charge be dismissed through diversion?

Often, yes. Misdemeanor vandalism is eligible for judicial diversion under Penal Code section 1001.95, and the case is dismissed on successful completion. Civil compromise under Penal Code section 1377 is another route when the owner has been compensated. Felony vandalism is not eligible for judicial diversion unless first reduced to a misdemeanor, but mental health diversion under Penal Code section 1001.36 may apply.

Does a vandalism conviction affect my record permanently?

Not necessarily. A conviction that results in probation can usually be dismissed under Penal Code section 1203.4 after probation ends, using form CR-180. A felony can also be reduced to a misdemeanor under Penal Code section 17, subdivision (b), which restores firearm rights lost under Penal Code section 29800 unless another prohibition applies.

Talk to a Criminal Defense Lawyer About a Vandalism Charge

Gramling Law Group defends vandalism and other property crime charges at the Riverside Hall of Justice, the Southwest Justice Center, the San Bernardino Justice Center, the Fontana and Rancho Cucamonga courthouses, the Pomona and Van Nuys courthouses in Los Angeles County, and the Orange County justice centers, serving the Inland Empire and all of Southern California. Daniel Gramling, Esq. offers flat-fee criminal defense and limited-scope options so you know the cost before you commit. Call (909) 654-4575 or contact us through this website for a consultation.

This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.