Top Olean, NY Vandalism Lawyers Near You

What Is Considered a Vandalism Crime?

Vandalism is a crime where the perpetrator willfully and intentionally defaces or damages someone else’s personal property. Some common examples of acts of vandalism are egging a person’s house, destruction of property, using spray paint or another form of paint to scrawl messages or artwork on unapproved properties, breaking windows belonging to storefronts or other property belonging to another person and even arson.

While arson is considered its own criminal offense, it also falls under the definition of an act of vandalism.

What Is the Difference Between Graffiti and Vandalism?

There is a debate as to whether graffiti — sometimes referred to as street art — is considered a form of public expression or a form of vandalism. Regardless, the use of spray paint or other paint on unapproved surfaces (even if they are publicly owned walls attached to common buildings) is generally considered a criminal offense or an act of vandalism.

Most graffiti cannot be compared to high-end art, and typically may involve simple tags or etching, sometimes containing vulgarities. Despite the ongoing debate between advocates of street art (many of whom are more supportive of public spaces designed for graffiti, rather than unwanted and illegal vandalism) and proponents of reducing public graffiti in unapproved spaces, those who engage in the practice without approval are subject to prosecution under vandalism laws in most jurisdictions.

Is Vandalism a Felony?

The crime of vandalism can be prosecuted either as a felony offense or misdemeanor in most jurisdictions and is most commonly charged at the state level — although there are federal statutes that could lead to federal vandalism charges if the defacement involves significant damage to public property. Federal law covers both the definition for federal vandalism as well as the punishment for those who perpetrate such offenses.

At the state level, whether or not a charge of vandalism is considered to be a misdemeanor or a felony typically boils down to the cost of remediating the property damage done by the vandal. In some states, damage costing less than $1,000 to remediate will likely result in a misdemeanor charge. However, should the cost of fixing the damage cost more than $1,000 or if the vandalism disrupted business or public communication, you could face a felony vandalism charge. Repeat offenders, even if prior offenses were classified as misdemeanors, could also face felony charges as a result, even if damages amount to less than $1,000.

Some states use a threshold of $500 in damages rather than $1,000, and automatically escalate damage caused to a vehicle to a felony charge, regardless of the actual damages done.

What Are Some Possible Penalties if Convicted of Vandalism Charges?

If you are charged at the federal level, vandalism can result in imprisonment for a period ranging between one (if the damage does not exceed $1,000 in costs) and 10 years (if the damage exceeds $1,000 in costs). If there is complete destruction of vital infrastructure, or if a person is killed during the commission of the crime, the penalty can increase to 20 years jail time.

At the state level, punishments vary, but a broad range can be established. If you are found guilty of misdemeanor vandalism, most states give a maximum penalty of around one year in county jail. For those convicted of felony vandalism, penalties typically hover around three to five years of incarceration as a maximum penalty.

Can a Lawyer Help With Vandalism Charges in New York?

If you are facing charges related to vandalism, it is important to secure proper legal representation as soon as possible. A conviction in response to vandalism charges, misdemeanor or felony, could result in a permanent criminal record, a steep fine and time in jail or prison.

An experienced criminal defense attorney can help you negotiate the charges against you and attorney-client privilege allows you to discuss all material evidence and strategy with your lawyer in privacy and in detail. Attorneys familiar with vandalism case law, standing precedent and the nature of the prosecution’s argument against you will be more likely to represent your best interests in a court of law and may be able to negotiate with the prosecution to avoid a trial entirely.