California Penal Code §594 — Vandalism
PC §594 punishes maliciously defacing, damaging, or destroying another person's property. Damage under $400 is a misdemeanor with up to 1 year county jail. Damage of $400 or more is a wobbler with felony exposure up to 3 years state prison. Damage over $10,000 unlocks fines up to $50,000.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Vandalism Cases in All LA County Courts
01 — Quick Facts
PC §594 — Vandalism at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §594 — Vandalism |
| Code Type | Penal Code (PC) |
| Classification | Wobbler — misdemeanor (< $400) or wobbler (≥ $400) |
| Damage Under $400 | Up to 1 year jail; up to $1,000 fine |
| Damage $400–$9,999 | Wobbler — up to 1 yr jail or 16/2/3 state prison; up to $10,000 fine |
| Damage $10,000+ | Up to $50,000 fine; state-prison exposure |
| Graffiti Tool | PC §594.1 — separate offense for possessing aerosol/etching tools with intent to vandalize |
| Strike | No — but gang enhancement under §186.22 attaches on gang-related vandalism |
| License | 1-year driver's-license suspension for graffiti convictions under VC §13202.6 |
| Community Service | Mandatory graffiti-removal community service on any §594 grant of probation |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §594?
What Is California Penal Code §594?
PC §594 Reads:
"Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own… is guilty of vandalism: (1) Defaces with graffiti or other inscribed material. (2) Damages. (3) Destroys."
— California Penal Code §594(a)
§594 sweeps broadly. Graffiti, keyed cars, broken windows, spray-painted fences, kicked-in doors, and slashed tires all qualify. The critical variable is the dollar value of the damage — $400 is the misdemeanor/wobbler line, and $10,000 is the enhanced-fine line. Prosecutors regularly stack aggregate-damage counts to cross both thresholds.
Damage Threshold + Malice — The Two Fights
'Maliciously' under CALCRIM 2900 means with the intent to annoy or injure another — not necessarily with hatred. Repair-cost estimates control the damage tier, and defense frequently challenges inflated repair invoices to keep the case below $400 misdemeanor treatment.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §594
The prosecution must prove each element beyond a reasonable doubt (CALCRIM 2900).
Property Belonged to Someone Else
The damaged, defaced, or destroyed property was not the defendant's own.
Malicious Damage, Defacement, or Destruction
Defendant maliciously defaced with graffiti, damaged, or destroyed the property.
Damage Amount (tier)
Damage totaled less than $400 (misdemeanor) or $400 or more (wobbler).
04 — Penalties
Penalties for PC §594 Vandalism in California
Punishment is tiered by damage amount under §594(b).
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Vandalism < $400 (§594(b)(2)(A)) | PC §594(b)(2)(A) | Up to 1 year county jail; up to $1,000 fine | Available | No |
| Vandalism ≥ $400 (§594(b)(1)) | PC §594(b)(1) | Wobbler — up to 1 yr jail or 16/2/3 state prison; up to $10,000 fine | Available | No |
| Vandalism ≥ $10,000 (§594(b)(1)) | PC §594(b)(1) | Wobbler; fine up to $50,000 | Available | No |
Sentencing Enhancements
Gang Enhancement
PC §186.22
+2, 3, or 4 years for gang-purpose vandalism (tagging territory, etc.).
Hate Crime Enhancement
PC §422.75
Additional 1–4 years when the vandalism targets a protected class (Hate-crime vandalism can also stack §594.3 place-of-worship damage.)
Prior Vandalism Conviction
PC §594(b)(2)(B)
Second or subsequent vandalism conviction: up to 1 year county jail plus mandatory restitution regardless of amount.
Additional Consequences Beyond Prison
- 1-year driver's-license suspension for graffiti under VC §13202.6
- Mandatory graffiti-removal / community-service hours on any §594 probation
- Restitution to victim under PC §1202.4
- Immigration: not typically a CIMT unless malicious-mischief precedent applies
- Firearm ban on any felony §594 conviction
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §594 Vandalism Charges
§594 defenses attack malice, ownership, and the damage tier.
No Malice
Accidental damage — even negligent damage — is not vandalism.
CALCRIM 2900
Claim of Right / Joint Ownership
Damage to community property or jointly-owned property is not §594.
Ownership
Damage Under $400
Repair-invoice challenge to hold the case at misdemeanor treatment.
PC §594(b)(2)(A)
Mistaken Identification
Graffiti-vandalism cases frequently turn on identity — tag-style handwriting analysis and surveillance angle disputes are common.
Identity
PC §1001.95 Diversion
Judicial misdemeanor diversion routinely available for first-offense §594 filings; dismisses on completion.
AB 3234
Constitutional Sources
07 — Court Process
How PC §594 Vandalism Cases Move Through Los Angeles Courts
§594 cases move through misdemeanor or felony calendars depending on damage amount.
- 1
Step 1 — Report / Restitution Estimate
Property owner submits a repair estimate — the number that ultimately drives filing tier.
- 2
Step 2 — Filing Decision
DA elects misdemeanor (< $400) or wobbler (≥ $400) based on the estimate.
- 3
Step 3 — Arraignment
Own-recognizance release routine on misdemeanor filings.
- 4
Step 4 — Pretrial / Restitution Dispute
Defense challenges inflated repair invoices to keep the case at misdemeanor treatment.
- 5
Step 5 — Preliminary Hearing (felony filings)
Damage-amount evidence is litigated at the prelim.
- 6
Step 6 — Trial or Plea
PC §1001.95 diversion, PC §17(b) reduction, and civil compromise (§1377) are all common.
- 7
Step 7 — Sentencing
Restitution, graffiti-removal community service, and VC §13202.6 license suspension apply.
Los Angeles Courts That Handle PC §594 Vandalism Cases
§594 is heard in the district courthouse where the vandalism occurred.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Vandalism Defense Attorney
Daniel S. Rubin has defended clients charged with vandalism and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §594 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Vandalism Cases Throughout LA County
09 — FAQs
PC §594 Vandalism Questions — Los Angeles
Is graffiti always §594?
Yes — graffiti or 'other inscribed material' on someone else's property is expressly a §594 vandalism theory under §594(a)(1).
Can I lose my driver's license for a graffiti conviction?
Yes. VC §13202.6 imposes a 1-year license suspension on any graffiti-based §594 conviction.
Can I be charged if I damage jointly-owned property?
Community and jointly-owned property is a difficult §594 theory — 'not his or her own' is an element the prosecution must prove.
Is §594 diversion-eligible?
Yes — PC §1001.95 judicial diversion is routinely granted on first-offense misdemeanor §594 filings and dismisses the charge on completion.
Available 24/7 — Free Consultation
Charged With PC §594 Vandalism in Los Angeles?
The damage estimate drives everything. Rubin Law, P.C. attacks inflated repair invoices to keep §594 filings at misdemeanor treatment. Call (213) 723-2337.