Los Angeles Criminal Defense Lawyer Blog

School is out and with jobs in short supply this summer, more children and teens are hanging out with friends, milling around, looking for something to do. As they say, "Idle hands are the devil's playground," and the combination of peer pressure, long summer days and boredom are a perfect combination for decorating the neighborhood with a little graffiti. Most teens think of graffiti, also called "tagging," as harmless fun or an artful prank. It's a way to leave their mark on the world that they don't think hurts anyone. But home and property owners take a dim view of graffiti, and the law calls it a crime. Graffiti defaces and devalues property. It costs money -- often quite a lot of money -- and hard work to remove graffiti. What seems like a prank to kids is viewed under California law as the crime of vandalism.

Under Penal Code 594, the State of California defines vandalism as "Every person who maliciously commits any of the following acts:

• Defaces with graffiti or other inscribed material,


• Damages, or


• Destroys the real or personal property of another."

Expert Los Angeles criminal defense attorney Stephen Rodriquez explains, "If it doesn't belong to you and you deface, destroy, or damage it without the owner's permission, you have committed the crime of vandalism." It doesn't matter whether the property is public or private; any time you deliberately damage or destroy property without the owner's permission, you are committing a crime. Spray painting graffiti on a wall or overpass, park bench or street sign is not considered "art;" it is the crime of vandalism and is rigorously punished in Los Angeles and in communities throughout California. You can be charged with vandalism just for being in possession of aerosol paint containers, tools or chemicals. If caught with such items, you can be charged with vandalism even if you have not actually committed the intended act. Evidence of the attempt can be enough to earn you a ride to the police station.

In California, vandalism can be charged as either a misdemeanor or a felony depending on the circumstances, extent of damage and the individual's record. Consequences can be severe and may include steep fines, community service, restitution, probation and even incarceration. Skilled legal representation by an experienced criminal defense lawyer is the best way to avoid a criminal record if your child is charged with vandalism. A savvy criminal defense attorney like Stephen Rodriguez with a thorough knowledge of Los Angeles legal processes may be able to get the charges dismissed or reduced and keep your child out of jail.