Last week, two park rangers were proactively conducting a patrol check of Talbert Park South a little before 7 a.m. when they heard the rattling of a can, according to the Costa Mesa Police Department.
The officers knew what that sound meant. They located fresh purple spray paint on a small county sign along the bike trail.
The officers then spotted a 22-year-old man fleeing from the scene and quickly caught him after a short foot pursuit.
A sergeant and officer responded to the scene and took the man into custody.
The arrestee was also found to be in possession of a purple spray can and additional graffiti instruments.
Primary Charges & Criminal Penalties Faced by the Suspect
- Vandalism (Penal Code 594): This is the main charge for maliciously defacing property with paint.
- Misdemeanor (Damage under $400): Punishable by up to one year in county jail, a fine of up to $1,000, or both. If the suspect has a prior vandalism conviction, the fine can increase to $5,000.
- Felony “Wobbler” (Damage $400 or more): If the repair or replacement of the county sign exceeds $400, the case can be filed as a felony. This carries a potential sentence of 16 months to 3 years in jail/prison and a fine of up to $10,000 (rising to $50,000 if damage exceeds $10,000).
- Possession of Graffiti Tools (Penal Code 594.2): Since the man was caught with a spray can and other “graffiti instruments,” he can be charged with this misdemeanor. It is punishable by up to six months in county jail and/or a fine of up to $1,000.
Mandatory & Additional Consequences
Beyond jail and fines, California courts often impose the following for graffiti-related offenses:
- Mandatory Cleanup: The court must order the defendant to personally clean, repair, or replace the damaged property if feasible.
- Graffiti-Free Period: The suspect may be ordered to keep a specific property in the community free of graffiti for up to one year.
- Driver’s License Suspension: Under California Vehicle Code 13202.6, a conviction for vandalism can lead to a driver’s license suspension of up to two years. If the suspect does not have a license, their eligibility to obtain one can be delayed for up to three years.
- Restitution: He will likely be required to reimburse the county for the full cost of the professional cleanup or replacement of the sign.
- Counseling & Probation: Judges frequently include mandatory counseling and informal probation as part of the sentencing.