Vandalism, which can include graffiti and tagging, is actually a very general term. In most areas and states it is considered to be the willful destruction or defacement of any property that is not owned by the individual doing the destruction or defacement. This can include breaking windows, damaging vehicles or damaging any trees, landscaping or buildings. Graffiti and tagging specifically refer to defacement of property through the use of any type of painting or marking without the owner's consent and knowledge.
Vandalism, Graffiti, Tagging Penalties
The most significant types of vandalism, tagging or graffiti charges are those that include destruction or defacement of government property or public property. In addition any type of tagging or graffiti that constitutes a hate crime or discrimination type of defacement can also be much more significant, even moving into a felony charge.
Possible Penalties
- Fines
- Restitution for damages
- Community service
- Jail time for repeat offenses or felony charges
Vandalism Sentencing
If the vandalism, Graffiti or tagging charges are the first time the individual has appeared before the court and they do not include destruction of federal or state government property or Hate Crimes, typically sentencing will include fines, restitution to the victims and community service. For subsequent charges the judge will be less lenient and can require jail time for significant or repetitive types of activities. The judge will generally consider the age of the individuals as well as any mitigating factors in determining sentencing.
Getting Legal Help For Vandalism
A Vandal charged with any type of vandalism, graffiti or tagging charges, whether they are adults or juveniles, should be represented in court by a professional criminal defense lawyer. These charges, while often seen as minor, can impact on an individuals future employment options as well as lead to possible jail time if they are significant. An attorney will help you understand your options as well as work on your behalf to get the lowest sentence.
- If you have been charged with Vandalism, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
Vandalism/Graffiti: Fines and Jail by State
Penalties Vary Greatly by Case! For accurate penalties, talk to the court clerk or a lawyer!
| State | Avg. Fines | Avg. Jail | Avg. Probation | Other |
| Alabama | $3,000 to $15,000 depending upon the value of damaged property | 6 months to 10 years depending upon the value of damaged property | Varies by Case | Not Available |
| Alaska | 0-$5,000 | 0-1 year | Varies by Case | mandatory community service |
| Arizona | $100+ | Upto one year | Varies by Case | Not Available |
| Arkansas | 10000 | 5 years | Varies by Case | felony |
| California | $400-$5000 | up to 1 year for first time offenders | up to 3 years | If it is a misdemeanor (less than $400 in damage) probably no jail time but have to pay restitution, fines, and three years informal probabtion. If its a felony (more than $400 in damages) you can face formal probation, jail time, restitution and community service. |
| Colorado | 750 | six month | 6 Months | suspended license |
| Connecticut | $250-$50000 | <1 year | 2 years | Not Available |
| Delaware | up to $500.00 | Varies Widely by Case | Varies by Case | Community service up to 100 hours |
| Florida | 1st degree misdemeanor which carries a potential $1,000 in fines 2nd degree misdemeanor punishable by $500 in fines. | 1st degree misdemeanor which carries a potential sentence of up to 1 year in jail 2nd degree misdemeanor punishable by 60 days in jail | no probation | 100 hours of community service |
| Georgia | 500 | 45 days | 3 years | Not Available |
| Hawaii | 1000 | 1 year | 5 years | Not Available |
| Idaho | 1000 | 1-10 years | 1 year | license can be suspended for a year. |
| Illinois | $300: | Up to 1 Year in Jail | Varies by Case | Not Available |
| Indiana | Class B Misdemeanor: no more than $1000; Class A Misdemeanor: $5000 | Class B Misdemeanor: 180 days; Class A Misdemeanor: 1 year; Class D Felony: up to half year | not more than 1 year; if drugs/alcohol involved up to 2 years. | Class B Misdemeanor; but may be Class A Misdemeanor or Class D Felony depending on the amount of damage; if graffiti involved, DL can be suspended for a year |
| Iowa | $50-$500 | 6 months | 60 days -1 year | community service |
| Kansas | Up to $1000 Fine | Up to 6 Months in Jail | Varies by Case | Not Available |
| Kentucky | 1500-2500 | 30-90 days | 5 years | Anger Mangement |
| Louisiana | up to $500 | up to 90 days in jail | Varies by Case | Judge may order restitution and/or community service. |
| Maine | $400 to $5,000 | No jail time | 3 years of informal probation | In some cases, a vandalism conviction could result in a one-year driver's license suspension |
| Maryland | $10000-$24000 | 2 years | 3-4 months | license can be suspended for a year |
| Massachusetts | $500 to $5000 | up to 3 years | 2 years | Community service |
| Michigan | 10000 | five years | two years | license suspension |
| Minnesota | Depending on the amount of damage - could be anywhere from $700 to $3,000. | Depending on the amount of damage - could from anywhere from 90 days to 1 year. | Probation could be a possibility, however, must serve a minimum of 2/3 the imposed sentence and spend the remainder of sentence on supervised release. | Not Available |
| Mississippi | $400-$450 | 3 months | Varies by Case | community service related to vandals |
| Missouri | not to exceed $5,000 | not to exceed seven years | no probation | Not Available |
| Montana | 250-500 | 30-60 days | 2-3 years | Not Available |
| Nebraska | 500 | sixty days | 1 year | suspended license |
| Nevada | $ 484-705 | 40 -100 days | 40 -100 days | misdemeanor to Class C felony |
| New Hampshire | $100+ | 6 months | 2 years | community service |
| New Jersey | $50-$100 | 5 years | 60 days-15 years | community service |
| New Mexico | $50 to $100 | up to 1 year | up to 1 year | Judge may order community service as a result. |
| New York | $50-$300 | 1-6 months | 2 years | community service |
| North Carolina | 5000 | 6 months | 2 years | community service |
| North Dakota | $100+ | 1 week | Varies by Case | help person in making a public property |
| Ohio | 39838 | up to 30 days | 1-2 years | Not Available |
| Oklahoma | up to 50 | 30-90 days | 2 years | Not Available |
| Oregon | 1000$ - 50000$ | upto 1yr | in jail or a prison | Mandatory community service .Also, if the commission of this act of Vandalism involves graffiti, part of your sentence will involve cleaning or replacing the property that was damaged by the law violation. |
| Pennsylvania | 125000 | One year jail | Varies by Case | loss of privileges such as driving, certain employment benefits, civil positions and more |
| Rhode Island | 400 to 700 dollars | 15 days | 1 year | mandatory community service |
| South Carolina | $1,000 to $5,000 | up to 5 years | Varies by Case | Not Available |
| South Dakota | Dependant upon damage done | Crime varies in severity from misdemeanors up to Class 4 felony | Varies by Case | Not Available |
| Tennessee | 0-60,000 | 10 years | 1 year | Not Available |
| Texas | 10000 | 5 to 99 years | Varies by Case | Not Available |
| Utah | 2500 | two years | 2-yea | suspended license |
| Vermont | 5000 | 5 years | 10 months | community service related to vandalism act |
| Virginia | 0-$2,500 | 0-12 months | 0-6 months | mandatory community service |
| Washington | 250 min | 2 years suspended with first offense | 5 years | CS |
| West Virginia | Varies by Case | Varies by Case | Varies by Case | Not Available |
| Wisconsin | up to $10000 | up to 9 months | up to 1 year | Judge can order community service and restitution |
| Wyoming | 25 - 200 | up to 6 months | up to 6 months | community service |
