When your child is arrested for any type of crime, it can be an incredibly stressful experience. Kids, under peer pressure to fit in, often make poor decisions. In such situations, it's crucial to seek legal representation at the earliest.
One of the most common juvenile crimes is vandalism, which is defined as intentionally destroying another person's property.
In Los Angeles County, there are several common types of juvenile vandalism cases.
These include graffiti on school buildings or highway overpasses and signs, smashing windows on buildings and vehicles, slashing car tires or keying a vehicle, or causing damage to a school or Church property.
However, the most common form of vandalism is graffiti. In fact, vandalism is commonly known as tagging, graffiti, or defacing property. Due to a significant rise in graffiti cases, the police and Los Angeles County courts have cracked down on these types of offenses.
While graffiti may seem like a minor offense, it can lead to serious legal consequences. Depending on the extent of the damage, it can be charged as a misdemeanor or even a felony. This underscores the importance of taking any juvenile graffiti charges seriously and seeking legal assistance immediately.
If your child has been charged with vandalism, it's crucial to consult with a Los Angeles juvenile criminal defense attorney at Eisner Gorin LLP as soon as possible. Our lawyers understand that your child's future may be at stake, and early intervention can significantly impact the outcome of the case.
Our law firm will examine the details of the case, discuss legal options for fighting the charges, and help you understand the consequences of a conviction. Let's examine the legal definitions of vandalism and the closely related graffiti laws below.
California Penal Code Section 594 – Vandalism
California Penal Code Section 594 legally defines vandalism as maliciously defacing another person's property with graffiti or other written material, damaging or destroying it. Vandalism can take many forms.
In order to be convicted of vandalism, the prosecutor must be able to prove ALL the specific elements of the crime. These elements include:
- The defendant maliciously defaced with graffiti or inscribed material, damaged or destroyed property;
- The defendant did not own the property, or another person owned it;
- The total amount of damage or destruction was less than $400 for a misdemeanor case or more than $400 for a felony case.
Defacing graffiti or other inscribed material means any unauthorized writing or drawing on the property using just about any kind of tool. There is no legal requirement that graffiti be permanently defaced. Vandalism is known as a “wobbler” offense.
This means the case can be filed as a misdemeanor or felony crime, depending on the defendant's criminal history and the total cost to repair the damage. If the cost of repair is less than $400, the prosecutor will file a misdemeanor vandalism case.
If the cost to repair is over $400, the prosecutor has the option of charging the defendant with a misdemeanor or felony. For more information, consult with a Los Angeles juvenile criminal defense lawyer at our law firm.
If your child is convicted of misdemeanor vandalism, they could face up to a year in county jail and a fine of up to $1,000. A felony vandalism conviction could lead to up to three years in a California state prison and a fine of up to $10,000. These potential penalties highlight the need for professional legal defense in such cases.
The legal penalties can be enhanced in a felony vandalism case where the total damages to property exceed $10,000.
Furthermore, if the damaged property was owned by a certain organization of religion, race, or other protected group, there could be a special hate crime allegation or enhancement if there is evidence the act targeted the group.
Typically, this would include cases where the defendant defaced their structure with threatening messages or a racial epithet.
Related Vandalism Charges in California
In California, a wide variety of criminal offenses are commonly charged in close connection with vandalism cases or might even be charged instead of vandalism cases. In some cases, there are different legal penalties depending on the type of vandalism and the type of property that was vandalized.
Charges that are related to vandalism include:
- California Penal Code Section 594.3 - Vandalizing a Place of Worship,
- California Penal Code Section 594.4 - Vandalism Involving Caustic Chemicals,
- California Penal Code Section 594.6 - Possession of Graffiti Tools,
- California Penal Code Section 640.7 and 640.8 - Vandalizing on or Near a Highway,
- California Penal Code Section 186.22 - Criminal Street Gang Enhancement,
- California Penal Code Section 459 - Burglary,
- California Penal Code Section 602 - Trespassing,
- California Vehicle Code 10852 - Tampering with a Vehicle.
Legal Defenses Against Vandalism Charges
An experienced juvenile criminal defense attorney can utilize a wide variety of common legal defenses against vandalism charges. These include:
- Mistaken Identity—The defendant could be accused of vandalism based on mistaken identity. There have been cases in Los Angeles County where a defendant matched the physical description of an individual who actually committed vandalism. It may also be possible that the defendant was with other people who vandalized property but did not personally take part in the act.
- False Accusation—There are cases where an innocent person becomes a victim of a false allegation and wrongful arrest. There are a wide variety of reasons why individuals will make a false allegation against another person. They may be trying to cover up their own actions, especially in graffiti cases where a group of teenagers were involved.
The Los Angeles County juvenile court system recognizes that juveniles frequently make bad decisions and generally deserve different treatment than adults. In juvenile cases, the emphasis is on rehabilitation rather than punishment, providing hope for your child's future.
Unlike adult court, in which cases are adjudicated through the formal criminal process after criminal charges are filed, juvenile cases provide another avenue for resolution before the court: informal supervision through the probation department.
Our Los Angeles juvenile defense attorneys believe in an immediate pre-filing intervention, where we will work aggressively to dissuade the police and prosecutor's office from filing formal charges in juvenile court.
If charges have been filed and your child is detained by police, our law firm will work aggressively at the arraignment to ensure the child's release at a Juvenile Detention Hearing.
Call a Los Angeles Juvenile Criminal Defense Lawyer
In Los Angeles County, there are important distinctions between juvenile court procedures and adult criminal procedures. For example, there is no right to bail, and a minor charged in juvenile court is not heard by a jury; rather, a judge decides the case.
For these reasons, you must seek legal assistance from an experienced Los Angeles juvenile criminal defense attorney at Eisner Gorin LLP. Call our law firm at 877-781-1570 to review the details.
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