NEWPORT BEACH, Calif. — A judge at the Newport Beach Harbor Justice Center on Tuesday overruled objections from the prosecution and reduced a felony vandalism charge to a misdemeanor after the defense argued the charge did not align with the nature of the offense and the accused’s personal circumstances.
Judge Maria D. Hernandez granted the motion after Deputy Public Defender Katherine J. Robison asserted the charge did not reflect the violations committed by the accused and requested relief under California Penal Code 17(b).
The accused, who appeared out of custody, was facing a felony vandalism charge stemming from an incident on Sept. 16, 2025, involving damage valued at $400 or more. He pleaded not guilty to the felony charge on Oct. 16, 2025, and requested that the matter be set for pretrial only.
Under California Penal Code 594(a)/(b)(1), vandalism is defined as the intentional damaging or defacing of property not owned by the accused, according to California Legislative Information. The offense may be charged as either a felony or misdemeanor, with penalties and restitution varying based on the value of the property damage.
Prosecutors must prove malicious intent to damage property belonging to another person. A felony vandalism charge involving damages exceeding $400 may be punishable by two to three years in state prison.
Robison moved to reduce the offense to a misdemeanor under Penal Code 17(b), citing the accused’s lack of criminal history and requesting that a mitigation package be filed confidentially. The documents included personal circumstances related to the case.
The mitigation package included documents and statements offering insight into the personal factors that influenced the accused to commit the violation. The materials were submitted confidentially to protect the accused’s privacy.
According to the Shouse Law Group, California Penal Code 17(b) permits a felony to be reduced to a misdemeanor under certain circumstances when the offense is considered a “wobbler,” meaning it may be charged as either a felony or misdemeanor.
If granted, misdemeanor sentencing can reduce jail exposure by allowing the accused to avoid serving time in state prison while also restoring certain rights and lifting restrictions associated with a felony conviction. The reduction may also improve employment opportunities and assist in obtaining professional licenses.
The public defender argued that the nature of the offense did not warrant a felony conviction and emphasized the need for moderation in sentencing. She asked Judge Hernandez to consider the accused’s personal circumstances, including his need for treatment before the offense occurred.
The accused had been actively seeking treatment and demonstrated continued involvement in his recovery efforts. He provided the court with proof of treatment documenting his progress, which was reviewed confidentially by the judge.
It was stated on the record that Deputy District Attorney Tanner Ward objected in chambers to resentencing under Penal Code 17(b). Judge Hernandez ultimately found the mitigating factors persuasive and reduced the felony charge to a misdemeanor, overruling the prosecution’s objections and recognizing the accused’s efforts to seek treatment.
The National Alliance on Mental Illness has highlighted the criminalization of individuals with underlying mental health needs and their overrepresentation in the criminal legal system, particularly for nonviolent offenses. According to NAMI, “Nearly 2 in 5 people who are incarcerated have a history of mental illness (37% in state and federal prisons and 44% held in local jails).”
The pattern reflects how legal systems can disproportionately penalize individuals whose untreated symptoms contribute to criminal conduct rather than deliberate criminal intent. Reducing felony convictions to misdemeanors may lessen barriers to employment and reduce stigmas that can follow individuals after incarceration.
The court set a pretrial hearing for June 23 and continued arraignment to a later date.
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