California vandalism penalties turn almost entirely on one number: $400. Damage under that amount is a misdemeanor carrying up to a year in county jail and a $1,000 fine. Damage at or above it is a “wobbler” the prosecutor can file as a misdemeanor or a felony, with felony fines reaching $50,000 and county jail terms of 16 months, two years, or three years. On top of that, nearly every vandalism conviction brings restitution to the property owner and a mandatory driver’s license suspension that trips up people who thought a fine was the worst of it.
Misdemeanor or Felony: What Decides
Vandalism is charged under Penal Code 594, and the dollar value of the damage is the pivot.1California Legislative Information. California Penal Code 594 – Vandalism Under $400, the offense is strictly a misdemeanor. At $400 or more, the prosecutor chooses between misdemeanor and felony based on the defendant’s criminal history, the circumstances of the act, and the extent of the damage.
Discretion is wide. Someone with a clean record and $500 in damage is a likely misdemeanor. The same damage from someone with prior convictions can easily go out as a felony. Challenging the repair estimate matters here: if the prosecution’s $400-plus number can be shown to be inflated, the case drops back to misdemeanor territory and the penalty exposure changes dramatically.
Fines
Fine ceilings climb with damage amount and prior convictions:
- Misdemeanor, first offense, under $400 in damage: up to $1,000.1California Legislative Information. California Penal Code 594 – Vandalism
- Misdemeanor with a prior vandalism conviction, under $400: up to $5,000.
- Felony, $400 to $9,999 in damage: up to $10,000.
- Felony, $10,000 or more in damage: up to $50,000.
These numbers are separate from restitution and from court fees. A felony case with substantial damage can run to tens of thousands of dollars before the property owner is paid back a cent.
Jail and Prison Exposure
Misdemeanor vandalism carries up to one year in county jail. In practice, first-time defendants with minor damage rarely serve long stretches, but the judge has the authority.
Felony vandalism is punishable by 16 months, two years, or three years in county jail under California’s realignment sentencing rules.2California Legislative Information. California Penal Code 1170 – Determinate Sentencing The judge selects one of those three terms based on aggravating and mitigating factors. Gang involvement, hate-crime motivation, and a pattern of similar offenses all push toward the top of the range.
A note on Three Strikes: vandalism isn’t classified as a serious or violent felony, so a vandalism conviction by itself doesn’t count as a strike. Someone with existing strikes who then picks up a felony vandalism charge, however, faces doubled sentencing under the second-strike rule.3California Secretary of State. Voter Information Guide for Proposition 36
Restitution to the Property Owner
A conviction almost always comes with an order to pay restitution covering the actual cost of repairs or replacement. The amount is set from contractor estimates, invoices, or expert testimony. When the full balance can’t be paid at once, the court sets up a payment plan.
Restitution is a legal obligation that follows you after the criminal case closes. Ignoring it can trigger probation violations or other enforcement. One point in the defendant’s favor: an outstanding restitution balance cannot be used to block a later expungement petition.4California Legislative Information. California Penal Code 1203.4 – Dismissal After Probation
Probation and Graffiti Cleanup
Many sentences include probation instead of, or on top of, incarceration. Misdemeanor probation typically runs one to three years. Felony probation can last up to five. Standard conditions include regular check-ins with a probation officer, restrictions on possessing graffiti tools, and requirements to complete community service or counseling.
For graffiti-related cases, the statute directs the judge to order the defendant to clean up, repair, or replace the damaged property. The court can also order the defendant to keep a designated property in the community graffiti-free for up to a year. If the defendant is a minor, a parent or guardian can be ordered to participate in that cleanup obligation.1California Legislative Information. California Penal Code 594 – Vandalism
Probation violations are where cases turn ugly. A missed community service shift or a new arrest can prompt the judge to revoke probation and impose the original jail or prison sentence.
Driver’s License Suspension
This is the penalty most defendants don’t see coming. Anyone convicted of vandalism who was at least 13 years old at the time of the offense faces a court-ordered suspension of driving privileges for up to two years. If the person doesn’t have a license yet, the court orders the DMV to delay issuing one for one to three years after they become eligible to drive.5California Legislative Information. California Vehicle Code 13202.6 – License Suspension for Vandalism
Limited hardship exceptions exist for driving to work, school, or medical appointments. The suspension period can also be reduced through community service, with one day shaved off for every hour served. If that community service is in a graffiti abatement program, the credit rate rises to a full day off per day of participation.
Each additional vandalism conviction adds another year to the suspension or delay. For a teenager, this can mean no license until well into adulthood.
Enhanced Charges That Change the Calculus
Places of Worship and Cemeteries
Vandalism targeting a church, synagogue, mosque, temple, religious school, or cemetery is charged under Penal Code 594.3, which treats the offense as a wobbler regardless of damage amount.6California Legislative Information. California Penal Code 594.3 – Vandalism of Places of Worship Even $50 in damage can be filed as a felony. If the act also qualifies as a hate crime, it becomes a straight felony with no misdemeanor option.
Hate Crime Enhancements
Vandalism motivated by the victim’s race, religion, disability, sexual orientation, or other protected characteristic can trigger California’s hate crime sentencing provisions. When hate-motivated property damage exceeds $950, the offense becomes a wobbler punishable by up to three years in county jail and a fine up to $10,000, even if it would otherwise be a straight misdemeanor.7California Legislative Information. California Penal Code 422.7 – Hate Crimes A prior hate crime conviction triggers the same treatment regardless of damage amount.
Repeat Offenses
A second vandalism conviction raises the stakes across the board. Even if the new damage is under $400, a prior vandalism conviction bumps the fine ceiling from $1,000 to $5,000. Prosecutors are also more likely to charge a wobbler as a felony when the defendant has prior vandalism on their record. Courts impose stricter probation conditions on repeat offenders, including longer terms, mandatory counseling, and more community service hours.
Possession of Vandalism Tools
You don’t have to damage anything to get charged with a vandalism-related offense. Penal Code 594.2 makes it a misdemeanor to possess certain tools with the intent to use them for vandalism.8California Legislative Information. California Penal Code 594.2 – Possession of Vandalism Tools The covered items include aerosol paint containers, glass cutters, chisels, awls, carbide scribes, grinding stones, masonry or glass drill bits, and broad-tipped felt markers with non-water-soluble ink and tips wider than three-eighths of an inch.
Intent is the whole case. Buying spray paint and walking home isn’t a crime. Carrying it through an alley at 2 a.m. in gloves near freshly tagged walls, with prior vandalism arrests on your record, gives prosecutors enough circumstantial evidence to file. Probation for this offense can include up to 90 hours of community service.
If the Defendant Is a Minor
Juvenile cases carry obligations adults don’t face. A minor convicted of possessing graffiti tools or affixing graffiti must be ordered to perform at least 24 hours of community service, and a parent or guardian is required to be present for at least half of those hours.9California Legislative Information. California Penal Code 594.8 – Juvenile Graffiti Community Service If the minor can’t pay a court-imposed fine, the parent becomes liable.
There’s civil exposure too. When a minor willfully defaces property with paint or a similar substance, the parent can be held jointly liable for civil damages up to $25,000 per incident, with the cap adjusted every two years for cost of living.10California Legislative Information. California Civil Code 1714.1 – Parental Liability for Minor Misconduct And the driver’s license consequences hit juveniles the same way they hit adults, which for a 14-year-old can delay licensing by years.
Non-Citizens: The Immigration Risk
For a non-citizen, the immigration fallout can dwarf the criminal penalty. Immigration authorities evaluate whether vandalism qualifies as a crime involving moral turpitude, which can trigger deportation or make a person inadmissible for visas and green cards. Because California’s statute requires a malicious mental state, there’s a real risk federal immigration judges will classify it as a moral turpitude offense, especially where the damage was substantial or the conduct was clearly aimed at harming another person.
A narrow “petty offense” exception can preserve admissibility for someone with a single misdemeanor conviction where the maximum possible sentence is one year or less and the actual sentence imposed did not exceed six months. It offers no protection against deportability grounds and nothing at all for felonies. A plea that looks favorable in criminal court, like pleading out to avoid jail, can result in mandatory removal. Immigration-specific legal advice before accepting any plea is essential.
Clearing the Record Later
A vandalism conviction doesn’t have to be permanent. After completing probation, a defendant can petition under Penal Code 1203.4 to withdraw the guilty plea, enter a not-guilty plea, and have the case dismissed.4California Legislative Information. California Penal Code 1203.4 – Dismissal After Probation Eligibility requires that probation be finished (or discharged early), that you aren’t currently serving a sentence, on probation, or facing new charges, and vandalism isn’t on the list of excluded offenses. Unpaid restitution cannot be used to deny the petition.
Expungement helps with employment and housing applications, since most private employers can’t ask about or consider dismissed convictions. It does not restore firearm rights lost to a felony conviction, and it does not undo immigration consequences that have already attached.