PC 594.3: Church Vandalism

Legal Definition:

(a) Any person who knowingly commits any act of vandalism to a church, synagogue, mosque, temple, building owned and occupied by a religious educational institution, or other places primarily used as a place of worship where religious services are regularly conducted or a cemetery is guilty of a crime punishable by imprisonment in a county jail for not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

(b) Any person who knowingly commits any act of vandalism to a church, synagogue, mosque, temple, building owned and occupied by a religious educational institution, or other places primarily used as a place of worship where religious services are regularly conducted or a cemetery, which is shown to have been a hate crime and to have been committed for the purpose of intimidating and deterring persons from freely exercising their religious beliefs, is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170.

To be found guilty under PC 594.3 prosecution must prove that you:

1. You knowingly committed an act of vandalism to a church/synagogue/building owned and occupied by a religious educational institution, or other places primarily used as a place of worship where religious services were regularly conducted.

AND (Only if under PC 594.3(b))  2. You committed this act by reason of the race, color, religion, or national origin of an individual or group of individuals;

AND  3. You intended to intimidate and deter persons from freely exercising religious beliefs.

What does this mean?

“Hate crime” means a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:

(1) Disability.

(2) Gender.

(3) Nationality.

(4) Race or ethnicity.

(5) Religion.

(6) Sexual orientation.

(7) Association with a person or group with one or more of these actual or perceived characteristics.

You can vandalize something when you: (1) You maliciously deface with graffiti or with other inscribed material/damaged/destroyed real/personal property; AND (2) You did not own the property/owned the property with someone else. Someone acts maliciously when he or she intentionally does a wrongful act or when he or she acts with the unlawful intent to annoy or injure someone else.

Penalties

A violation under PC 594.3(a) is a misdemeanor offense. If convicted of this charge as a misdemeanor, you could be sentenced to up to one year in County Jail. You would be required to serve at least 50% of that time in custody. You could also face hefty fines, including Restitution and Stay Away Orders from the location.

A violation under PC 594.3(b) is a felony offense. If convicted of this charge as a felony, you could be sentenced up to 16 months, 2, or 3 years in County Jail. You would be required to serve at least 50% of that time in custody. You could also face hefty fines, including Restitution and Stay Away Orders from the location.

This is not a strike offense under California’s Three Strikes Law. It is also not a Sex Offense requiring Sex Registration under PC 290. PC 594.3 is a crime of moral turpitude, so it would directly impact your status in Immigration Court or if you have a professional license.

Common Defenses

1. Statute of Limitations
2. Insufficient Evidence
3. Violation of Rights
4. Necessity

If you are able to show that you did not know the place you had vandalized was a church, that can act as a defense to this charge. This crime requires knowledge that you are vandalism the church, if you think it’s some different type of building, you would only be liable for regular Vandalism under PC 594, which is a lesser offense than Church Vandalism. Failing to show that you are knowingly vandalizing a church, would mean there is insufficient evidence to prove you guilty of the charge.

Call Today

A charge under California Penal Code 594.3, Vandalism of a Church, presents serious legal challenges and potential consequences, including up to 3 years in jail, loss of voting rights, and the permanent forfeiture of firearm ownership rights. These outcomes not only impact your immediate freedom but can also tarnish your reputation and alter the course of your future significantly.

Why Choose Inland Empire Criminal Defense?

At Inland Empire Criminal Defense, our Ontario attorney specializes in navigating the complexities of criminal defense, particularly focusing on vandalism charges. With a strong track record of successful defenses across Southern California, especially within the Inland Empire, we are equipped to handle your case with the expertise and attention it deserves.

Our Approach to Your Defense

• Comprehensive Case Analysis: We start by thoroughly understanding the specifics of your case, evaluating all available evidence, and identifying the most effective defense strategy.
• Expert Legal Guidance: Leveraging our extensive experience in handling vandalism cases, we provide you with expert legal advice every step of the way.
• Round-the-Clock Support: Understanding the stress and uncertainty that come with legal challenges, we ensure you have 24/7 access to our team for any questions or concerns.

Start Building Your Defense Today

Facing charges of Vandalism of a Church under PC 594.3 can feel overwhelming, but with Inland Empire Criminal Defense, you’re not alone. Our dedicated Ontario attorney is here to offer the skilled legal representation you need to navigate this difficult time.

For a free initial consultation and to learn more about how we can assist you, contact Inland Empire Criminal Defense at 909-939-7126. Located in Ontario, CA, we’re committed to defending your rights and preserving your future.