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Vandalism


What does the prosecutor have to show in order to prove that I am guilty of vandalism?
The prosecutor must prove that you maliciously damaged or destroyed real or personal property.

This conduct can include defacement with graffiti or with other inscribed material. The prosecutor must also prove that you did not own the property or own the property with someone else.


What potential consequences am I facing if I am convicted of this crime?

If you are convicted of felony vandalism, you may be facing up to three years in the California State Prison or up to one year in county jail. You may also have to pay up to $10,000 in fines, or up to the $50,000 if the amount of the damage was $10,000 or higher. If you are convicted of misdemeanor vandalism, you may be facing up to one year in the county jail.


The severity of a vandalism charge can increase if the vandalism was motivated by bias, potentially turning the offense into a hate crime.


What can your attorneys do to defend me against vandalism charges?

Our Los Angeles vandalism lawyers (Torrance vandalism lawyers, South Bay vandalism lawyers) will thoroughly review the discovery in your case and see if a defense or defenses are available.

Based on the facts of your case, we may be able to argue that you did not act “maliciously.” Someone acts maliciously when they intentionally do a wrongful act or when they act with the illegal intent to annoy or injure another person.


If the damage was committed accidentally, negligently or otherwise not deliberately, we may be able to argue that there was no malice involved, even if damage occurred.


If there is a gang enhancement is attached to the vandalism charge or you are otherwise accused of inscribing graffiti, we will carefully examine whether the vandalism was actually motivated by gang affiliation. If you have no criminal record and/or the prosecution has no evidence of your participation or involvement in a gang, we may be able to have the gang enhancement dropped.


If there are no witnesses against you, or the witnesses against you have a grudge or resentment against you, we may be able to argue that you did not commit the vandalism and are innocent of the offense. Vandalism cases often arise in the context of domestic violence, raising questions as to whether the accusing party (spouse, significant other, ex-spouse or ex-significant others) is actually telling the truth. We may be able to demonstrate that the accuser is biased against you and made up the allegations.


Moreover, because Cal. Pen. Code §594 is a “wobbler,” we may be able to convince the prosecutor, or motion the court, to reduce the charge to a misdemeanor, or even to an infraction.


Vandalism is prosecuted aggressively because of it’s destructive and disruptive quality. If the vandalism appears to reflect the work of a gang or promotes the identity of a gang or tag crew, you can expect for the prosecutor to allege that it was done for the benefit of a gang. This can add years of additional imprisonment to your sentence if you are convicted. Gang-related crimes are looked upon with great contempt by prosecutors.


For these reasons, vandalism is not something to handle lightly and it is not recommended that you represent yourself in something as serious. You require the services of an aggressive, experienced and knowledgeable criminal defense lawyer.


Our Los Angeles criminal defense lawyers have a combined experience of more than 50 years defending persons accused of vandalism. Our founding partners, Bruce McGregor and Robert Ernenwein, are former Los Angeles Deputy District Attorneys. Robert Ernenwein, one of our Co-founders, is Certified as a Criminal Law Specialist by the California State Bar Board of Legal Specialization.. Robert Ernenwein and Bruce McGregor have both been named “Super Lawyers” by Los Angeles Magazine. Robert Ernenwein has appeared as a legal analyst on multiple cable news programs, including Fox News. The experience and capabilities of the lawyers at McGregor & Ernenwein are unmatched.

Our extensive experience and knowledge give us the tools we need to successfully challenge vandalism charges.

There is a host of issues we can evaluate based on our analysis of the police reports, witness statements and other evidence on file. Based on our findings, we may be able to successfully thwart a criminal prosecution in court, or otherwise weaken the case against you.

Our lawyers represent clients throughout Southern California, Call us immediately at 877-338-4489 your free consultation.


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Law Offices of McGregor & Ernenwein
Crenshaw Professional Building
1405 Crenshaw Boulevard
Torrance, CA 90501
Phone: 310-782-0552
Get Directions