Vandalism in California is Penal Code 594 — maliciously damaging, defacing, or destroying property that isn’t yours (graffiti, keying a car, breaking a window).
It is a wobbler: a misdemeanor if the damage is under $400, and it can be charged as a felony once the damage is $400 or more. A first offense with modest damage is often resolvable — sometimes through civil compromise, diversion, or restitution — without a conviction.
What Counts as Vandalism
The statute covers maliciously doing any of: defacing with graffiti or other inscribed material, damaging, or destroying real or personal property belonging to someone else. Key point for the defense: “malicious” means it wasn’t an accident — genuinely accidental damage isn’t vandalism.
Misdemeanor or Felony? It’s About the Damage
PC 594 is a wobbler. The dividing line is the dollar value of the damage:
- Under $400 in damage — a misdemeanor. But note it carries up to one year in county jail and a fine up to $1,000 ($5,000 with a qualifying prior). That one-year max is higher than the six months most misdemeanors carry.
- $400 or more — can be charged as a felony (a wobbler the DA can file either way), with a fine up to $10,000 (up to $50,000 if the damage is $10,000 or more).
On graffiti cases the court can also order clean-up or repair (and up to a year of keeping property graffiti-free), and repeat offenders can face community service. The specifics depend on the facts.
What “PC 594(b)(1)” Means
594(b)(1) is the vandalism subdivision that applies when the damage is $400 or more. If that is the subsection on your paperwork, you are looking at the felony-exposure tier — worth a close look at how the damage amount was calculated, because that number drives everything.
Common Defenses
- No malice / it was an accident — the intent element isn’t met.
- You owned or co-owned the property — you can’t vandalize your own property.
- Wrong person / identity — graffiti and property cases often rest on thin ID.
- Inflated damage estimate — pushing the loss below the $400 line changes the whole case.
Ways a Vandalism Case Ends Without a Conviction
- Restitution and civil compromise (PC 1377), where the victim is made whole — available for ordinary vandalism (not if it is against a family or household member).
- Judicial diversion (PC 1001.95) — vandalism is eligible, unless it is a domestic-violence-related offense.
- Negotiated reduction to a lesser charge.
The right move depends on the damage number, your record, and whether restitution is realistic. See our vandalism defense page for how we approach these.
Free 30-Minute Consultation
If you have been charged with vandalism in San Francisco, the earlier we look at the damage figure and the intent question, the more options you have.
Schedule Free ConsultationAbout the Author
Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com