Description

The crime of Vandalism may apply to a person who maliciously defaces, damages, or destroys any real or person property not his or her own. If the value of the property was more than $400, the charge may be a felony.

What does the prosecutor have to prove?

Felony: 1. Defendant maliciously defaced real or personal property with graffiti or other inscribed material. or 1. Defendant maliciously damaged real or personal property with graffiti or other inscribed material.
or
1. Defendant maliciously destroyed real or personal property with graffiti or other inscribed material.
2. The property defaced, damaged or destroyed did not belong to Defendant.
3. Defendant did so without permission of the property owner.
4. The amount of the defacement. damage, or destruction to the property exceeded four hundred dollars ($400).
Misdemeanor: 4. The amount of the defacement, damage, or destruction to the property was four hundred dollars ($400) or less.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)? Yes
Is this charge a strike? No
Is this charge a “serious felony” No
Is this charge a “violent felony” No
Do I have to register as a sex offender if convicted? No
Do I have to register as a drug offender if convicted? No
Do I lose my right to own or possess a firearm if convicted? Yes
Do I lose my right to vote if convicted? Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted? Yes
Am I eligible for PC § 1000 drug diversion if convicted? No
Am I eligible for Prop. 36 drug diversion if convicted? No
Am I required to give a DNA sample if convicted? Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes? Yes
Is this charge considered a “aggravated felony” for immigration purposes? No
Is this charge considered a “controlled substance violation” for immigration purposes? No
Is this charge considered a “domestic violence” for immigration purposes? No
Is this charge considered a “firearm conviction” for immigration purposes? No