Vandalism is a term that applies to a number of offenses, anything from "keying" a car and smashing windows to placing a bumper sticker onto someone else's vehicle. An element of this crime is causing physical damage to property, in some states, this act does not rise to the level of more severe charges such as "destruction of property" or "damage to property". In other states, even serious property damage would be covered by a felony charge of vandalism. Keep reading to learn about what actions fall under this charge, and what the potential penalties could be.

The Three Components of a Vandalism Charge

If you have been charged with vandalism, then you are being charged with:

• Causing physical damage to property,
• Property that is owned by another person, and
• Inflicting this damage on purpose

As for the first element, spraying graffiti on, etching into, defacing property, etc. are all included as physical damage. This is damage that is lasting, but that does not impair an item's function or destroy the property. This is how even stickers or posters qualify for this element of the charge. But if you spray graffiti on your own wall, that is not a crime. Neither is marking a car when you have the owner's consent. The prosecutor would have to prove that you caused damage to someone else's property against their wishes. Finally, if you were spray painting a table outside and some of the paint got onto your neighbor's fence, you have not committed vandalism (though you will be on the hook for paying to fix the mess). Property damage is only vandalism if it was done intentionally.

Adult Penalties for Vandalism

As with almost any criminal charge, state laws can vary a good deal when it comes to these potential penalties. Usually speaking, however, vandalism will be charged as a misdemeanor. This means that you could face up to a year in jail, plus any fines. A felony charge, which could occur when there has been more than $500 of damage, for instance, could mean a year or more in state prison, and fines would be higher as well. On top of fines and incarceration, or perhaps instead of these sentences, some state laws could penalize vandalism as follows:

• Restitution could be part of the sentence, meaning that you would have to pay the property owner directly for the damage.
• Probation could be added to a jail sentence, or could be imposed in lieu of that sentence. Probation would mean living under specific restrictions, and if a term of probation is violated, you could serve out the rest of your sentence in jail.
• Hours of community service could also be included in your sentence, and if you skip out on these hours, you could be fined and jailed.

Juvenile Penalties for Vandalism

If someone younger than 18 years old is caught spraying graffiti, for example, then their case will be handled in juvenile court. While a minor in juvenile court does not have the same constitutional rights as an adult in criminal court, a judge in juvenile court has a lot more discretion when it comes to deciding a penalty. When a juvenile has been charged with vandalism, there are generally three ways the case could go.

• The prosecutor might drop the charges, especially if the case involves a younger juvenile who is facing their very first charge.
• Informal adjudication is when a prosecutor or court impose an informal sentence of community service, probation, etc., after which the charges would be dismissed.
• Finally, if the vandalism charges are serious, then a prosecutor could pursue formal charges. If the juvenile is determined to be delinquent (guilty), then they could face fines, counseling, probation, restitution and/or a sentence in a juvenile detention center.

Find the Skilled Defense You Need

There is one final penalty that has not been addressed. If anyone, adult or juvenile, is convicted of a vandalism charge, then this could permanently weigh them down with a criminal record. This is often the worst penalty of all. Whenever you face the potential penalty of carrying a criminal record with you for the rest of your life, it is always advisable that you consult with a skilled criminal defense attorney. A legal professional can inform you about your rights, know how the local judges and prosecutors would look at your case, and counsel you as to what the best step for your future is. Find the right criminal lawyer on our directory today!