California Penal Code 594(b)(1) is the vandalism subsection that applies when the damage to property reaches $400 or more. It is a wobbler, which means prosecutors can file it as either a misdemeanor or a felony. A misdemeanor conviction carries up to one year in county jail and a fine of up to $10,000. A felony conviction carries 16 months, two years, or three years in state prison, with the fine ceiling rising to $50,000 when the damage hits $10,000 or more.1California Legislative Information. California Penal Code 594
What the Prosecution Has to Prove
Three elements. The defendant defaced property with graffiti or similar markings, damaged it, or destroyed it. The property did not belong to the defendant, or the defendant owned it jointly with someone else. And the resulting damage was worth $400 or more.2Justia. CALCRIM No. 2900 Vandalism Pen. Code 594
The act has to be “malicious.” That word does not mean the person set out to break the law. It means the person either intended to do something wrongful or acted with the purpose of annoying or injuring someone else. Backing into a neighbor’s fence by accident is not vandalism. Keying a coworker’s car after an argument is, even if you had no idea what the paint job was worth.
The jointly owned property rule catches more people than they expect. Smashing a television or punching a hole in the wall of a home you share with a spouse or partner can support a charge, as long as the other owner did not consent.2Justia. CALCRIM No. 2900 Vandalism Pen. Code 594 When the damaged property belongs to a public entity or the federal government, jurors may presume the defendant did not own it and did not have permission to damage it.1California Legislative Information. California Penal Code 594
How the $400 Threshold Is Calculated
The $400 line is the most consequential number in the statute. Below it, vandalism is a straight misdemeanor with a maximum $1,000 fine. At or above it, the offense becomes a wobbler and the penalties jump.1California Legislative Information. California Penal Code 594
Courts measure damage by what it costs to restore the property to its prior condition. That usually means the price of professional labor and materials to repair, or the fair market value of the item if it cannot be repaired. When someone commits multiple acts of vandalism as part of a single plan or impulse, the court can add the amounts together. Tagging four walls on the same block in one night gets treated as one combined total rather than four separate incidents.3Justia. CALCRIM No. 2901 Vandalism Amount of Damage
This aggregation rule matters. Each individual act might fall below $400 on its own, but the combined total can push the case into wobbler territory. The prosecution only needs to show the acts were connected by a shared intent.
Misdemeanor or Felony: How the Choice Gets Made
Because 594(b)(1) is a wobbler, the range of outcomes is wide. Prosecutors weigh the severity of the damage and the defendant’s criminal history when deciding how to charge it. A judge can also reduce a felony to a misdemeanor under Penal Code 17(b), either at sentencing or later when granting probation.4California Legislative Information. California Code PEN 17
Misdemeanor Sentence
Up to one year in county jail, a fine of up to $10,000, or both.1California Legislative Information. California Penal Code 594 First-time offenders often receive probation instead of jail, though probation typically comes with community service, counseling, and restitution.
Felony Sentence
16 months, two years, or three years in state prison under the realignment structure of Section 1170(h). The base fine is still capped at $10,000. When the damage reaches $10,000 or more, the fine ceiling rises to $50,000.1California Legislative Information. California Penal Code 594 Felony probation is possible but comes with tighter supervision.
Graffiti Cleanup and Community Service
When the conviction involves defacing property with graffiti or inscribed materials, the court must order the defendant to personally clean up, repair, or replace the damaged property whenever that is feasible. As an alternative, the court can order the defendant to keep a specific property in the community graffiti-free for up to one year. If the defendant is a minor, parents or guardians can be folded into that order unless the court finds their participation would be harmful or impractical.1California Legislative Information. California Penal Code 594
On top of cleanup, the court can impose up to 300 hours of community service spread over as much as 240 days, scheduled around work and school. Counseling may also be required as a probation condition. These obligations stack on jail time, fines, and restitution.
Restitution Is Separate from the Fine
Fines go to the government. Restitution goes to the victim to cover the actual cost of the damage. The victim submits documentation — repair invoices, contractor estimates, receipts — and the court sets the final amount. A defendant who is able to do the repair work may be ordered to perform it personally under court or probation department supervision.
Unpaid restitution does not, on its own, block an expungement petition. Under Penal Code 1203.4, a court cannot deny relief solely because restitution remains outstanding.5California Legislative Information. California Penal Code 1203.4 A judge will still notice whether you have made any effort to pay.
Defenses That Come Up
Which defense fits depends on the facts, but a handful surface repeatedly.
Accident. Malice is the prosecution’s burden. Genuinely unintentional damage — losing control of a shopping cart in a parking lot, for example — is not vandalism.
Ownership. You cannot vandalize your own property. If the item was solely yours, the second element fails. The complication is jointly owned property, where the prosecution only needs to show someone else had an ownership interest.
Mistaken identity. Vandalism often happens at night, on grainy camera footage, or in circumstances where a suspect matches a broad description. Being in the area, or being with someone who did the damage, is not enough for a conviction.
False accusation. Domestic disputes and neighbor conflicts produce a disproportionate share of vandalism allegations. An ex-partner who damages their own belongings and blames you is not a rare scenario.
Disputing the damage amount. Even when vandalism occurred, the dollar figure matters. Pushing the calculation below $400 converts a wobbler into a straight misdemeanor and cuts the possible sentence sharply.1California Legislative Information. California Penal Code 594
Expungement After the Case Is Over
A vandalism conviction under 594(b)(1) is eligible for expungement under Penal Code 1203.4. Vandalism is not on the list of excluded offenses. To qualify, you must have completed probation (or been discharged from it early), and you cannot currently be serving a sentence, on probation, or facing charges for another offense.5California Legislative Information. California Penal Code 1203.4
If the court grants the petition, the guilty plea or verdict is set aside, a not-guilty plea is entered, and the case is dismissed. The prosecution must receive at least 15 days’ notice before the court rules. Expungement releases you from most penalties and disabilities tied to the conviction, but certain professional licensing boards and federal immigration authorities may still consider it, and an expunged conviction remains visible on background checks run for law enforcement.
Things 594(b)(1) Does Not Cover
A few situations sit outside this subsection but often come up alongside it.
Parents of minors. The criminal charges fall on the minor, but under Civil Code 1714.1 a parent or guardian with custody and control of the minor is jointly liable for civil damages caused by the minor’s willful misconduct. The base statutory cap is $25,000 per incident, adjusted by the Judicial Council every two years for inflation. When paint or a similar substance is involved, attorney’s fees and court costs are added on top. Homeowner’s and renter’s policies usually exclude a child’s intentional acts, and the statute caps any insurer’s exposure at $10,000 regardless of policy limits.6California Legislative Information. California Civil Code 1714.1
Federal property. A post office, federal building, or military installation is not covered by state vandalism law. Under 18 U.S.C. § 1361, damage above $1,000 carries up to ten years in federal prison; damage of $1,000 or less carries up to one year. Federal charges can be filed in addition to state charges when the conduct violates both.7Office of the Law Revision Counsel. 18 USC 1361 Government Property or Contracts
Immigration. For non-citizens, a vandalism conviction can carry immigration consequences. Whether it qualifies as a crime involving moral turpitude or an aggravated felony depends on the facts, the sentence, and how the conviction is classified. A felony conviction with a sentence of a year or more is more likely to trigger serious consequences than a misdemeanor. Talk to an immigration attorney before accepting any plea.