Graffiti has been a common occurrence in the United States for many years with many using it for various purposes, including claiming gang territory, acting in revenge against someone, and even as an artistic expression. No matter what the reasons may be, graffiti is designated as a crime and those suspected of the crime can face arrest and penalties.
Under California Penal Code Section 594 (a), graffiti is categorized as a form of vandalism and can be punished by imprisonment or fines depending on the total damage done by the act or acts of vandalism the defendant is found guilty of committing.
When the property damage is valued under $400, the defendant can be punished by a maximum of one year in county jail, a maximum fine of $1,000, or both penalties. Defendants who have been previously convicted of this crime can have their fine increased to a maximum of $5,000.
If the vandalism costs greater than $400, the defendant can be subject to up to one year in county jail or a maximum fine of $10,000. When the destroyed property amounts to more than $10,000 in damages, the fine can be increased up to $50,000, although the prison sentence does not increase.
Graffiti carries special penalties that a defendant can be subjected to if found guilty. A court can order the guilty party to personally clean up, replace, or repair the graffiti they have created or make sure that the area stays graffiti free. When the defendant is a minor, his or her parent/guardian can also be ordered by the court to help clean the graffiti or pay the fines that have been imposed if the minor is unable to do so.
Vandalism is a serious offense, and the prison sentences and fines can have long-term repercussions on a guilty party and his or her family. The Ventura vandalism defense attorneys at The Law Offices of Daniel Kann are dedicated to protecting the rights of defendants. For more information on how our law team can help you in your case today, call (805) 290-4932.
