Vandalism Lawyer in Santa Ana

Vandalism is considered a crime in California, so if you or a loved one are facing vandalism charges, you need an experienced criminal defense attorney to represent your interests. The Law Office of Sheny Gutierrez offers free consultations to Santa Ana residents facing vandalism charges.

Vandalism is often viewed as a minor offense, which can cause people accused of this crime to minimize the importance of a strong defense. Contrary to popular belief, vandalism can carry significant penalties and long-term consequences. This is especially true when the case involves high-value damages, repeat offenses, or accompanying charges that can lead to felony convictions.

California Laws on Vandalism

California Penal Code § 594 establishes vandalism as a crime against someone else’s property. There are numerous acts that can qualify as vandalism in California, including spray painting building exteriors or bridges, writing on walls, keying cars, breaking windows, knocking down mailboxes, and any other activity that destroys or damages private or public property.

Vandalism is considered a strike in California, which means it counts toward the state’s three-strike rule. Multiple prior convictions or repeated criminal offenses can result in more severe or mandatory sentencing requirements.

Penalties for Vandalism in Santa Ana

The penalties for vandalism vary based on the monetary value of the damages. If the damage caused by the vandalism is less than $400, the charge is a misdemeanor, and the penalties will likely be minimal. However, vandalism that results in more than $400 in damages is considered a wobbler offense, which means it can be classified as a felony or misdemeanor.

Felony Vandalism

If convicted of felony vandalism, penalties can include:

Up to 3 years in jail
$10,000 or more in fines
Restitution of the vandalized property
Community service
Probation

Misdemeanor Vandalism

An act of vandalism classified as a misdemeanor may result in the following penalties if you are convicted:

Up to $1,000 in fines
A maximum jail sentence of 1 year
Community service
Restitution of the damaged property
Three years of probation

Repeat offenders may face a mandatory prison sentence. If you have a prior vandalism conviction for which you served time in county jail or were paroled, you may fall into the mandatory imprisonment requirement.

Graffiti and Vandalism Charges in California

Graffiti is a common type of vandalism and is often the activity that many people think of initially when they hear vandalism. California Penal Code § 640.5 and 640.6 outline the state’s graffiti laws, which include specifics on the type of materials used for the graffiti and the value of the damage. However, there are numerous types of vandalism above and beyond spray painting walls, including property damage to churches, synagogues, and other places of worship; cemetery remains or gravestones; traffic signs, stoplights, or bridges; and chemical containers.

A graffiti or vandalism charge in Santa Ana or other southern California locality can lead to a criminal record and potential jail time. Having your vandalism case dismissed is the ideal outcome, but when that is not possible, an experienced criminal defense lawyer can help you reach the most favorable outcome achievable in your case.

Additional Charges

Many crimes often include additional criminal charges, and vandalism is an example of such a criminal charge. A vandalism charge is often accompanied by charges like theft, disturbance of public order, resisting arrest, burglary, trespassing, domestic violence, or being drunk in public.

Even when other charges are not included, felony and misdemeanor vandalism convictions create a criminal history that has significant repercussions. At The Law Office of Sheny Gutierrez, we prioritize our clients’ rights and provide the highest quality legal counsel for their criminal charges. With over 15 years of experience, our defense attorney understands the California criminal justice system and will provide the representation you need in your court case.

Building a Defense Against Vandalism Charges in Orange County

Your defense attorney will develop a strategy to have your charges dismissed or sentence reduced based on the details of your unique circumstances. Sometimes pleading guilty is the best approach if the prosecutor offers a deal, your attorney will be able to advise you on the best way forward in your case.

There are common defensive strategies that work well in most cases, which include proving:

You were falsely accused.
The property was damaged by accident.
The damaged property belonged to you.
The prosecutor has insufficient evidence.

Contacting a vandalism lawyer in Santa Ana is an important first step in your defense strategy. The right criminal defense attorney is familiar with all the nuances of applicable California law and will provide individualized representation based on your charges. As a sought-after and seasoned Orange County criminal defense lawyer, Sheny Gutierrez will skillfully defend you in your misdemeanor or felony vandalism case. Contact our law office today to schedule your free consultation.