What is the difference between a felony and misdemeanor vandalism charge?
Penal Code §594, vandalism, covers all crimes involving the destruction of property including defacement with graffiti. Generally, if the damage done is worth less than four hundred dollars ($400.00) the charge is a misdemeanor, but if the damage exceeds four hundred dollars ($400.00) it may become a felony. Often if the damage done is worth less than four hundred dollars ($400.00) there is a possibility of having the case dismissed pursuant to Penal Code §1377 and 1378. This is an option if the alleged victim is willing to compromise the matter and usually requires the defendant paying for any damage done to the victim’s property. What is a Gang Enhancement? However, the seriousness of a simple graffiti case can be much more significant if law enforcement claims that the crime was committed on behalf of a criminal street gang pursuant to Penal Code §186.22. This code section makes the matter a felony and exposes the defendant to three additional years in prison on top of the sentence
