1. Under California Penal Code 594 PC, vandalism that results in damages of $400 or more is a wobbler and can be charged as either a felony or a misdemeanor depending on the factual circumstances of the case as well as the criminal history of the defendant. By checking this button I consent to the terms and conditions of KAASS LAW. without the written authority of an authorised officer or representative of the Government or of the government of any Commonwealth or foreign country or of any statutory body or authority or of any armed force lawfully present in Singapore in the case of public property, or without the written consent of the owner or occupier in the case of private property —. In order to prove the commitment of vandalism, a prosecutor must prove the following elements: California Penal Code Section 594 applies both to public and personal property that you own jointly with someone else. Penal Code 594 PC is the California statute that defines vandalism as maliciously damaging, destroying or defacing another person’s property. Probation terms can include restraining orders, repayment of the damaged property, community service, required counseling. Vandalism is a misdemeanor if the amount of the damage is less than $400.00, and can be filed as a felony if the amount is $400.00 or greater. writing, drawing, painting, marking or inscribing on any public property or private property any word, slogan, caricature, drawing, mark, symbol or other thing; affixing, posting up or displaying on any public property or private property any poster, placard, advertisement, bill, notice, paper or other document; or, hanging, suspending, hoisting, affixing or displaying on or from any public property or private property any flag, bunting, standard, banner or the like with any word, slogan, caricature, drawing, mark, symbol or other thing; or. In case the value of the defaced, damaged, or destroyed property is less than $400, defendant can only be charged with misdemeanor vandalism. (2) Any person who fails, refuses or neglects to produce such written authority or written consent on demand as provided in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500. In case the defendant has no license at the time, the Court can suspend the issuance of the license for up to three years. Copyright © 2020 Government of Singapore. For answers to any other questions you may still have about California Penal Code 594 or to discuss your case confidentially with our team of experienced California criminal defense attorneys. Vandalism crimes are generally eligible for a probation sentence. If the action was unintentional, accidental or negligent it serves as a valid legal defense. A maximum fine of $1,000, or up to $5,000 if defendant has prior vandalism conviction, A maximum fine of $10,000, or up to $50,000 in case the total amount of the damaged property was $10,000 or more, and/or, Up to one year of country jail, or a jail sentence of 16 months, 2 or 3 years. stealing, destroying or damaging any public property; “private property” means movable or immovable property other than public property; “public property” means movable or immovable property belonging to the Government or to the government of any Commonwealth or foreign country or to any statutory body or authority or to any armed force lawfully present in Singapore. Our lawyers in Glendale, Los Angeles County, CA, are highly dedicated to serving the needs of our clients. Penalties for Felony Vandalism Penal Code 594. The prosecution has the discretion to charge vandalism as either a felony or a misdemeanor depending on the circumstances of each case. Penalties for felony vandalism under penal code 594 are as follows: Up to one year of country jail, or a jail sentence of 16 months, 2 or 3 years ; A maximum fine of $10,000 up to $50,000 in case the total amount of the damaged property was $10,000 or more, Probation 7. Felony probation requires the defendant to check in with a probation officer, whereas misdemeanor probation does not require the supervision of a probation officer. Definition and Elements of the Crime. In case the “victim” gave his permission to damage or destroy the property, then defendant did not commit the crime of vandalism. 224), where the stolen property is public property, it shall be presumed, until the contrary is proved, that the person who received or retained that property knew or had reason to believe that the property was stolen public property and also that such person received or retained it dishonestly.