Felony Vandalism PC 594: Penalties, Defenses, and Restitution

In California, vandalism becomes a felony once the damage reaches $400. Under Penal Code 594, maliciously defacing, damaging, or destroying someone else’s property at or above that dollar amount exposes you to up to three years in county jail, fines as high as $50,000, mandatory restitution to the property owner, and a felony record. Below $400 the same conduct is a misdemeanor. That single number is what most felony vandalism cases in California turn on.¹

What the Prosecutor Has to Prove

Three elements have to be established for any Penal Code 594 conviction: you damaged, defaced, or destroyed property; the property belonged to someone else; and you acted maliciously. “Maliciously” means you either intended to do something wrongful or acted with the purpose of annoying or injuring another person.² Accidentally reversing into a fence or knocking over a mailbox while chasing your dog is not vandalism.

The property does not have to belong to a stranger. California courts have held that a spouse can be convicted of vandalizing community property owned jointly with a partner.² When the damaged property belongs to a public entity or the federal government, the court is allowed to presume you did not own it and did not have permission to damage it.¹

How the $400 Threshold Actually Works

The dollar amount is the cost of labor and materials to restore the property to its original condition, or the full replacement cost if repair is not possible. Prosecutors typically rely on written estimates from contractors or repair shops to establish the figure.

One detail catches a lot of defendants off guard. If you commit multiple acts of vandalism as part of a connected course of conduct or against the same victim, the damage amounts can be combined into a single charge. Scratching a car on Monday and keying it again on Wednesday can be treated as one offense with the totals added together, which is how conduct that looks like two petty incidents ends up filed as a felony.

Misdemeanor exposure below $400 is up to one year in county jail and a fine of up to $1,000. A prior vandalism conviction under Penal Code 594, 594.3, 594.4, or the related graffiti statutes raises that misdemeanor fine ceiling to $5,000.¹

Penalties for a Felony Conviction

Felony vandalism is a wobbler. The prosecutor can file it as a misdemeanor or a felony, and the choice depends on the damage amount and your record.

Jail

Sentence options are 16 months, two years, or three years in county jail.¹ The time is served in county jail rather than state prison under California’s realignment rules, unless you have a prior serious or violent felony, are a registered sex offender, or have certain sentencing enhancements.³ A judge can also grant formal probation instead of custody.

Fines

Two tiers. Damage of $400 or more carries a fine of up to $10,000. Damage of $10,000 or more raises the ceiling to $50,000.¹ These are separate from restitution.

Graffiti Cleanup

When the vandalism involves graffiti, the court has to order you to clean up, repair, or replace the damaged property. As an alternative, the judge can order you to keep a designated property in your community graffiti-free for up to a year. If cleanup is not practical, the court will consider other community service.¹

Driver’s License Suspension

A vandalism conviction can trigger a driver’s license suspension of up to two years under Vehicle Code 13202.6. If you are under 18 and do not have a license yet, the court can delay your eligibility to get one by one to three years. This applies even when the vandalism had nothing to do with a vehicle.

Restitution Is Separate from the Fine

The statutory fine goes to the state. Restitution goes to the person whose property you damaged, and it is mandatory. Under Penal Code 1202.4, the court has to order full restitution to every victim who suffered an economic loss, covering the replacement cost or the actual cost of repair. The judge has no discretion to waive it, and your ability to pay is not a factor in setting the amount.⁴

There is also a separate restitution fine on top of that. For a felony, it runs from $300 to $10,000. For a misdemeanor, $150 to $1,000.⁴ Add the Penal Code 594 fine, the restitution fine, and the full cost of repair, and the financial hit from a single felony conviction can reach tens of thousands of dollars.

Higher Penalties for Certain Targets

Two situations trigger their own statutes with elevated exposure.

Vandalism of a church, mosque, synagogue, temple, religious school, or cemetery is charged under Penal Code 594.3. Even without a hate crime finding, any knowing act of vandalism against these locations is a wobbler punishable by up to a year in county jail or a state prison term under Section 1170(h). If the vandalism is proven to be a hate crime committed to intimidate people from practicing their religion, the offense becomes a straight felony with no misdemeanor option.⁵

Vandalism using butyric acid or other noxious chemicals falls under Penal Code 594.4 and carries a fine of up to $50,000 when the damage reaches that amount, scaling down to $1,000 when the damage is under $950. Jail exposure runs from up to six months on the low end to a full felony term under Section 1170(h).⁶

Defenses That Work

The malice requirement gives defendants real angles to fight the charge.

Accident. Damage caused without wrongful intent is not vandalism. A contractor who breaks a client’s window while working is not committing a crime, because malice is baked into the definition of the offense.

Mistaken identity. Vandalism often happens when nobody is watching. Cases built on matching a description or being in the area are vulnerable when there is no surveillance footage or physical evidence tying you to the damage.

False accusation. This comes up constantly in domestic and roommate disputes. An ex-partner destroys property and blames you, or damages their own belongings to support a story. Text messages, timeline gaps, and inconsistencies in the accuser’s account are where these cases get pulled apart.

Owner consent. If the owner gave you permission to alter the property, you have not committed vandalism. This defense turns up in disputes over home renovations and art installations where the scope of permission was unclear.

Reducing the Felony or Clearing It Later

Because felony vandalism is a wobbler, Penal Code 17(b) creates several points where the charge can drop to a misdemeanor. The prosecutor can file it that way from the start. The judge can reduce it before trial, at sentencing when granting probation, or on a later motion. An unfulfilled restitution order cannot be used as a reason to deny the reduction.⁷ The difference between a felony and misdemeanor on your record affects employment, housing, and licensing for years, so this is one of the most important tools in the case.

After you finish probation, Penal Code 1203.4 allows you to petition the court to withdraw your plea and have the case dismissed. Granted, you are released from most penalties and disabilities tied to the conviction, and unpaid restitution cannot be used to deny the petition.⁸ Felony vandalism is not on the list of offenses excluded from this relief.

Limits apply. An expunged conviction still counts as a prior in future criminal cases, still has to be disclosed on applications for public office and state licensing, and does not restore your right to own a firearm.⁸ The practical value for private-sector job hunting is still substantial, since most California employers cannot ask about dismissed convictions.

When the Vandal Is a Minor

Parents face direct financial exposure. Civil Code 1714.1 makes a parent or guardian jointly liable with the minor for damages caused by the child’s willful misconduct, capped at $25,000 per incident. When paint or a similar substance is involved, the same $25,000 cap applies and the property owner can also recover attorney’s fees and court costs.⁹ The Judicial Council adjusts the $25,000 figure every two years for cost of living.

Homeowner’s insurance generally will not cover this liability because insurers are not required to pay for intentional acts, and Civil Code 1714.1 caps an insurer’s exposure for imputed parental liability at $10,000.⁹ Most of the bill lands on the parents directly.

Immigration Consequences for Noncitizens

A felony vandalism conviction carries real immigration risk. Whether it counts as a crime involving moral turpitude depends on the facts and how federal immigration authorities read the California statute. Because Penal Code 594 requires malicious intent, immigration courts have room to treat it as a disqualifying offense, especially when the damage amount is high or the conduct is particularly destructive. A single conviction for a crime involving moral turpitude can trigger deportation proceedings or make you inadmissible for future immigration benefits. This is a collateral consequence to raise with counsel before agreeing to any plea.

Federal Property Is a Separate Track

Damaging federal government property does not fall under Penal Code 594 at all. Under 18 U.S.C. § 1361, willful damage to United States property is a federal crime carrying up to ten years in federal prison when the damage exceeds $1,000, and up to a year below that.¹⁰ Veterans’ memorials get separate protection under 18 U.S.C. § 1369, with up to ten years regardless of the dollar amount when the offense involves interstate travel or federally owned property.¹¹ Federal cases run in federal court under different sentencing guidelines and do not offer the wobbler reduction or expungement paths that California law provides.

1
California Legislative Information. California Penal Code 594
2
Justia. CALCRIM No. 2900 Vandalism Pen Code 594
3
California Legislative Information. California Code Penal Code 1170
4
California Legislative Information. California Penal Code 1202.4
5
California Legislative Information. California Penal Code 594.3
6
California Legislative Information. California Penal Code 594.4
7
California Legislative Information. California Penal Code 17
8
California Legislative Information. California Penal Code 1203.4
9
California Legislative Information. California Civil Code 1714.1
10
Office of the Law Revision Counsel. 18 USC 1361 Government Property or Contracts
11
Office of the Law Revision Counsel. 18 USC 1369 Destruction of Veterans Memorials