According to the Bureau of Justice Statistics (BJS), property crimes made up 60% of all reported crimes in 2019, totaling nearly 6.9 million incidents in the United States. Among these crimes, vandalism—or the deliberate destruction of property—plays a major role. While many people think of vandalism as “minor mischief,” like graffiti or egging a house, the law can classify it as a felony in certain situations. The distinction between a misdemeanor and felony vandalism isn’t just about what you did, but how much damage you caused, who the victim was, and whether you’ve done it before.
What Is Vandalism?
Vandalism is the willful destruction, defacement, or damage to another person’s property without permission. It’s not limited to spray-painting graffiti—it covers a wide range of actions.
Examples of vandalism include:
- Breaking windows in a store
- Scratching a car with keys
- Smashing mailboxes
- Spray-painting walls or trains
- Cutting down trees on private property
- Tampering with utility equipment
In short, if you intentionally damage something that doesn’t belong to you, it can fall under vandalism.
When Is Vandalism a Misdemeanor?
Most vandalism cases start as misdemeanors. A misdemeanor usually applies when:
- The damage is minor (often under a set dollar amount, like $400 or $1,000 depending on the state).
- It’s a first-time offense.
- No one was endangered in the act.
Typical misdemeanor penalties include:
- Fines of $100–$1,000
- Community service (like cleaning graffiti)
- Probation (6 months–1 year)
- Up to 1 year in county jail
When Does Vandalism Become a Felony?
Vandalism becomes a felony when the damage is significant, dangerous, or repeated. Here are the main factors:
1. Cost of Damage
Most states set a monetary threshold.
- In California, vandalism is a felony if damages exceed $400.
- In Texas, vandalism (criminal mischief) is a felony if damages are $2,500 or more.
- In New York, felony criminal mischief kicks in when damage is worth over $250.
2. Target of the Crime
Felony charges can apply if vandalism involves:
- Government property (schools, courthouses, police stations)
- Utilities and infrastructure (power lines, water systems)
- Places of worship or cemeteries
- Vehicles or equipment used in public safety (ambulances, police cars, fire trucks)
3. Intent and Circumstances
- If vandalism is tied to gang activity, it’s often upgraded to a felony.
- If it endangers human life (for example, throwing rocks onto highways), felony charges apply.
4. Repeat Offenses
Someone with prior vandalism convictions is more likely to face a felony even if the new damage is relatively small.
Learn More: Does Waffle House Hire Felons?
Feedback of Felony Vandalism
- Graffiti Crew in Los Angeles (2019): Members caused over $100,000 in property damage and were charged with multiple felony vandalism counts.
- Florida Man and Utility Damage (2021): A man was charged with felony criminal mischief after deliberately damaging power lines, causing outages.
- Cemetery Defacement in Illinois (2020): Over 40 gravestones were destroyed. Because cemeteries fall under protected property, felony charges were automatic.
Penalties for Felony Vandalism
The consequences are much harsher than for misdemeanors.
Felony vandalism penalties include:
- State prison sentences: 1–5 years on average
- Fines up to $10,000 or more (especially if restitution is added)
- Permanent felony record, making it harder to find jobs, housing, or loans
- Probation and mandatory restitution to cover damages
For example:
- In California, felony vandalism can lead to 1–3 years in state prison and fines up to $10,000.
- In Texas, criminal mischief over $30,000 can mean 2–10 years in prison.
Long-Term Consequences of a Felony Vandalism Conviction
A felony vandalism conviction doesn’t just end with jail time. It affects your life for years:
- Employment: Many employers won’t hire applicants with felony records.
- Housing: Landlords can deny rental applications.
- Voting rights: In some states, felons lose their right to vote (at least temporarily).
- Travel: Some countries deny visas to people with felony convictions.
How Different States Define Felony Vandalism?
Here’s a quick comparison to show how thresholds vary:
| State | Misdemeanor/Felony Threshold | Felony Penalty |
|---|---|---|
| Alabama | $500+ in damage | 1–10 years prison, fines up to $15,000 |
| Alaska | $750+ in damage | Up to 5 years prison, $50,000 fine |
| Arizona | $1,000+ in damage | 1–3.75 years prison |
| Arkansas | $1,000+ in damage | 1–6 years prison, fines up to $10,000 |
| California | $400+ in damage | 1–3 years prison, fines up to $10,000 |
| Colorado | $1,000+ in damage | 1–12 years prison depending on damage |
| Connecticut | $1,500+ in damage | 1–5 years prison |
| Delaware | $1,500+ in damage | Up to 8 years prison |
| Florida | $1,000+ in damage or public safety property | Up to 5 years prison |
| Georgia | $500+ in damage | 1–5 years prison |
| Hawaii | $1,500+ in damage | Up to 5 years prison |
| Idaho | $1,000+ in damage | Up to 5 years prison |
| Illinois | $500+ in damage, or schools/cemeteries | 1–3 years prison |
| Indiana | $750+ in damage | 6 months–2.5 years prison |
| Iowa | $1,500+ in damage | 5 years prison |
| Kansas | $1,000+ in damage | Up to 17 months prison |
| Kentucky | $1,000+ in damage | 1–5 years prison |
| Louisiana | $1,000+ in damage | 1–10 years prison |
| Maine | $2,000+ in damage | Up to 5 years prison |
| Maryland | $1,000+ in damage | Up to 3 years prison, $2,500 fine |
| Massachusetts | $1,200+ in damage | Up to 10 years prison |
| Michigan | $1,000+ in damage | Up to 5 years prison |
| Minnesota | $1,000+ in damage | 1–5 years prison |
| Mississippi | $1,000+ in damage | Up to 5 years prison |
| Missouri | $750+ in damage | 1–7 years prison |
| Montana | $1,500+ in damage | Up to 10 years prison |
| Nebraska | $5,000+ in damage | 1–20 years prison |
| Nevada | $5,000+ in damage | 1–5 years prison |
| New Hampshire | $1,500+ in damage | 3.5–7 years prison |
| New Jersey | $2,000+ in damage | 3–5 years prison |
| New Mexico | $1,000+ in damage | 1–3 years prison |
| New York | $250+ in damage | Up to 4 years prison |
| North Carolina | $1,000+ in damage | 4–25 months prison |
| North Dakota | $2,000+ in damage | Up to 5 years prison |
| Ohio | $1,000+ in damage | 6–18 months prison |
| Oklahoma | $1,000+ in damage | Up to 2 years prison |
| Oregon | $1,000+ in damage | Up to 5 years prison |
| Pennsylvania | $5,000+ in damage | Up to 7 years prison |
| Rhode Island | $1,500+ in damage | Up to 10 years prison |
| South Carolina | $2,000+ in damage | 0–10 years prison |
| South Dakota | $2,500+ in damage | Up to 10 years prison |
| Tennessee | $2,500+ in damage | 1–6 years prison |
| Texas | $2,500+ in damage | 2–10 years prison |
| Utah | $1,500+ in damage | Up to 5 years prison |
| Vermont | $1,000+ in damage | Up to 5 years prison |
| Virginia | $1,000+ in damage | 1–5 years prison |
| Washington | $750+ in damage | 1–10 years prison |
| West Virginia | $2,500+ in damage | 1–10 years prison |
| Wisconsin | $2,500+ in damage | Up to 3.5 years prison |
| Wyoming | $1,000+ in damage | Up to 10 years prison |
Final Thought
Vandalism might sound like “harmless mischief,” but the law doesn’t see it that way. Vandalism becomes a felony when the damage is costly, dangerous, repeated, or targets protected property. The jump from misdemeanor to felony carries serious penalties—jail time, fines, and a lasting criminal record that can follow you for life.
If you or someone you know is facing a vandalism charge, don’t brush it off. Understanding your state’s laws, knowing the thresholds, and seeking proper legal help can make all the difference.
FAQs
Is graffiti always a felony?
No. Graffiti under a certain damage threshold (like $400 in California) is a misdemeanor. But repeat offenses or gang-related graffiti can be charged as a felony.
Can juveniles be charged with felony vandalism?
Yes. Courts can charge minors with felony vandalism, but sentencing may include juvenile detention or rehabilitation instead of prison.
Can I go to jail for breaking someone’s car window?
Yes. If the cost of repairs crosses your state’s felony threshold, you could face felony charges. Otherwise, it may be a misdemeanor.
Can felony vandalism be expunged?
In some states, yes—after completing your sentence and meeting waiting-period requirements. But not all felony vandalism cases are eligible.
What should I do if I’m charged with felony vandalism?
Hire an experienced criminal defense attorney immediately. Legal defenses may include mistaken identity, lack of intent, or disputing the damage valuation.
