Is vandalism a felony? A criminal defense lawyer explains

You took a bat to an ex-girlfriend’s mailbox out of anger. Now you are under investigation for the crime of vandalism. Is this a serious crime?

Can vandalism lead to a felony charge?

It can. Most states say that vandalism can be charged as a felony if:

• the crime results in property damage that is valued above a certain dollar amount (for example, above $5,000), or
• the crime results in damage to a particular type of property (for example, to a church).

Most jurisdictions say that you will face a vandalism conviction if you willfully and maliciously damage, deface, or destroy someone else’s property.¹

Examples of acts of vandalism include:

• defacing a library book by tearing pages out,
• spray painting the outer wall of a store, and
• keying a car.

Vandalism is sometimes referred to as “malicious mischief” or “criminal mischief.”

1. Does the value of property damage matter?

It can, yes. The vandalism laws of most states say that the value of the damaged property will determine if the crime results in:

• misdemeanor charges, or
• felony vandalism charges.

For example, under Florida law, you will face a felony charge if you vandalize property and the crime results in $1,000 worth of damage or more.²

In contrast, you will face a misdemeanor vandalism charge if the amount of damaged property in the vandalism case is under $1,000.

Similarly, the threshold amount under California law is $400. Vandalism is a felony offense if the crime results in $400 or more of property damage. But the crime is a misdemeanor if the value of the damage is under $400.³

Note that misdemeanor vandalism usually results in county jail time, and/or a fine. In contrast, a felony conviction can result in a

• state prison term and/or
• more substantial fines.
• 2. Does the type of property matter?

Some states have different forms of vandalism penalties depending on:

• the type of property that is vandalized, and
• the instrument used to vandalize something.

For example, under Illinois law, you can face felony vandalism charges if you vandalize:

• a church,
• a cemetery, or
• personal property contained in a place of worship.⁴

As to the instrument used to vandalize something, note that Nevada law says that vandalism is most often a misdemeanor if you vandalize property using signs or posters.⁵

3. What happens with juvenile defenders?

If you commit vandalism as a minor, you will usually face the juvenile court process.

This process does not really make a strong distinction between charging a crime as a misdemeanor or a felony.

Rather, the focus of juvenile court is to try and rehabilitate an offender as opposed to punish the offender with:

• criminal charges,
• jail time, and
• fines.

To help accomplish rehabilitation attempts, juvenile courts will usually impose the following in juvenile vandalism cases:

• community service,
• probation,
• restitution, and
• mandatory classes.

4. Can a vandalism charge lead to a civil lawsuit?

It can, yes. Many states say that a vandalism victim can file a civil lawsuit against the vandalism offender.

The “victim” can file a civil case in order to recover the cost of repairing or replacing the damaged property.

Note that a “victim” can file a civil suit even if an offender was charged with vandalism in criminal court.

5. Should you contact a criminal defense attorney?

Yes. You should consult with a criminal defense lawyer or law firm if you are facing criminal charges of any type of property crime. This includes charges of vandalism.

A defense lawyer can help in these cases by:

• determining the amount of damage that is involved in your case,
• representing you in court on your behalf,
• working with the prosecutor to reach a favorable plea deal, and
• raising a legal defense to help you challenge a vandalism charge.

As to the latter, you can often contest a vandalism charge by showing that:

• you did not act willfully or maliciously (for example, maybe you damaged some property on accident),
• you were falsely accused, and/or
• a police officer stopped or arrested you without probable cause.

In our experience as criminal defense attorneys, defendants are more confident in facing vandalism charges when they have a skilled criminal defense lawyer on their side.