Vandalism covers a broad variety of unlawful acts relating to destruction or defacement of property—both public and private. State laws and local ordinances that prohibit vandalism might also use the terms graffiti, criminal or malicious mischief, or damage to property to describe the offense.
What Is the Definition of Vandalism?
Generally, vandalism is defined as an intentional act that defaces, mars, destroys, alters, or otherwise damages another’s property without that person’s permission.
Vandalism Examples
Examples of vandalism include:
- spray painting another’s property (such as vehicles, houses, train cars, and bridges)
- keying (or scratching) a vehicle’s paint
- knocking over a mailbox or sign
- carving initials or drawings into a wood bench, siding, or railing, and
- breaking windows.
Quality-of-Life and Hate Crimes
The effects of vandalism often can be seen in public places like bus stops, bridges, and tunnels. In such cases, vandalism is considered a “quality of life” crime; the theory is that it undermines the community’s sense of safety and well-being. When vandalism is directed at a particular group, religion, or affiliation, it might be labeled a bias or hate crime. So it should be no surprise that law enforcement authorities and communities take vandalism seriously.
What Are the Penalties for Vandalism?
Penalties for vandalism vary by state and municipality. Like other property damage crimes, the penalty usually depends on the amount of damage done and the repair costs. But motive can also come into play.
Can Vandalism Be a Felony?
If the damage from vandalism is minimal, the offense will likely be punished as a misdemeanor. Misdemeanors typically carry up to a year in local jail, plus fines.
However, an offense that involves "significant" damage could be charged as a felony. Depending on the state, significant damage might mean only a few thousand dollars, which isn't a difficult threshold to meet these days. Vandalism crimes motivated by hate or bias may also carry felony penalties, as could repeat property offenses.
Restitution: Clean Up the Vandalized Property
In vandalism cases, judges often order restitution to the property owner. Restitution usually involves paying for repair costs, but in vandalism cases, the judge may also order the defendant to actually do the cleanup or repairs. If the offense was committed by a juvenile, the case will typically go through juvenile court. A juvenile court judge may order the child, as well as the parents, to pay for repairs or clean up the property.
Defenses to Vandalism Charges
Like most crimes, defenses to vandalism include actual innocence ("It wasn't me") or the act wasn't intentional ("It was an accident"). Other defense strategies include trying to lower the charges from a felony to a misdemeanor by challenging the amount of damage or arguing the act wasn't motivated by hate or bias.
Talk to a Lawyer
Vandalism charges might seem minor, but it's always best to talk to a criminal defense attorney before answering any police questions or going to court. You could inadvertently talk yourself into more serious charges. A criminal defense lawyer can help you understand what's at stake and protect your rights.