3 Key Points About Vandalism Charges

If you've ever seen someone's car keyed, a commercial facility spray-painted with graffiti, or neighborhood homes egged at Halloween, you've seen the telltale signs of vandalism first-hand. This form of property damage can carry serious consequences, especially if the circumstances of the act warrant punishment as a felony.

Individuals charged with vandalism must understand the legal definition of this criminal charge, the different variations that can incur different penalties under the law, and the potential legal defenses they might mount in response. Take a moment to educate yourself on the following four key points about vandalism charges.

Vandalism stands as a kind of catchall term to describe the intentional destruction of property. Although the courts often apply it to hate crimes and other such activities that target specific individuals or organizations, people can also face vandalism charges for destroying or defacing property without any pre-existing agenda.

Common examples of vandalism include the aforementioned egging of homes or car keying (the use of a key or other sharp tool to scratch car paint). One may also commit vandalism by slashing tires, breaking windows, damaging commercial or residential doors or walls, and defacing or removing public fixtures such as traffic signs.

Graffiti, the defacement of property with painted or written slogans or images, counts as yet another type of vandalism. The key legal difference between graffiti and street art involves whether the owner of the property gave advance permission for the application of these slogans or images.

Wisconsin law lumps together acts of vandalism under the general category of damage to property, as outlined in Chapter 943 of the Criminal Code. In general, the court treats such damage to property as a Class A misdemeanor. However, a wide range of circumstances can easily escalate the charge to a Class I felony.



Any act of vandalism in Wisconsin may qualify as a felony if it reduces the value of the damaged property by more than $2,500. Additionally, an act of vandalism that might lead to further damage or injury (such as an auto accident caused by a defaced or removed traffic warning sign) may draw a felony charge.

In some cases, the nature of the property determines whether an individual faces misdemeanor or felony charges. Examples include damage to power plants, religious institutions, state-owned properties, plants or seeds cultivated for research or commercial purposes, and culturally significant places such as rock art sites.

Chapter 939 of the Wisconsin Criminal Code defines the penalties for both misdemeanor and felony charges in the state. According to Subchapter IV, a Class A misdemeanor conviction for vandalism can involve a fine of up to $10,000, a prison term of up to nine months, or both.

A Class I felony vandalism conviction can result in harsher penalties. If the court finds you guilty of this crime, you may still face a fine of up to $10,000. However, you may also (or alternatively) spend up to three years and six months in prison. 

Although many cases of vandalism may appear cut and dried, an experienced attorney can sometimes find valid legal defenses that may lead to the dismissal of your case. However, you must present the facts to your lawyer as fully and honestly as possible before this expert can evaluate your chances of success.

Mistaken identity may serve as a valid defense against vandalism charges. This argument might work in situations where low light, foul weather, or a cluster of other people in your immediate proximity caused the arresting officer to mistake you for someone nearby who actually committed the vandalism.

Clothing can also cause mistaken identity. If the person who committed the vandalism wore the same kind of clothing and matched your general physical description, you might get apprehended for that person's vandalism. This scenario may also occur on occasions that traditionally involve identity-obscuring costumes, such as Halloween.

Even if you do hold responsibility for the property damage in question, the question of intent may come to your defense. By definition, vandalism requires, not just the destruction of property, but the intentional destruction of property. For instance, if you damaged car paint by accidentally rubbing up against it, you haven't committed vandalism.

As noted above, the consent of a property owner can make all the difference between an act of vandalism and an expression of creativity. If the authorities charged you with vandalism for painting a design on a building, despite the fact that you had the owner's advance permission to do so, the court may dismiss the case against you.



If you need legal counsel for a Wisconsin vandalism charge, talk to the criminal law experts at Cohen Law Offices. Our skilled attorneys can examine the facts in your case, discuss the potential consequences with you, and help you take advantage of any defense strategies that might apply. Contact our firm today for a consultation.