Florida Criminal Mischief: Laws, Examples, Defenses, and Consequences

Criminal mischief is a broad term in Florida that refers to the willful and malicious destruction of another person’s property. This offense can range from minor acts of vandalism to serious property damage, and the penalties vary based on the value of the damage caused.

What is Criminal Mischief in Florida?

Under Florida law, criminal mischief is defined by [Florida Statute § 806.13] (http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0806/Sections/0806.13.html). It occurs when a person willfully and maliciously damages or defaces someone else's property. Criminal mischief can include acts such as graffiti, breaking windows, damaging vehicles, or other forms of property destruction.

Key Elements of Criminal Mischief:

• The act must be done willfully , meaning it was intentional.
• It must be done maliciously , implying it was done with ill will or deliberate harm.
• The property affected must belong to someone else, not the defendant.

Examples of Criminal Mischief

Criminal mischief can manifest in a variety of ways. Some common examples include:

1. Graffiti : Spray-painting or marking a building, vehicle, garage, or public property without the owner’s consent.
2. Keying a Car: Scratching the paint of a vehicle.
3. Breaking Windows
4. Damaging a Mailbox: Destroying or tampering with a mailbox, whether by hitting it or pulling it out of the ground.
5. Slashing Tires: Intentionally puncturing or slashing the tires of another person’s vehicle.

Penalties for Criminal Mischief

The penalties for criminal mischief in Florida depend largely on the amount of damage caused:

• Less than $200 in damages: This is charged as a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500.
• $200 to $1,000 in damages: this is considered a first-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.
• Over $1,000 in damages: this is a third-degree felony, punishable by up to 5 years in prison and a fine of up to $5,000.
• Damage to certain property types (such as a place of worship, school, or public telephone) can result in elevated charges regardless of the amount of damage.

Additionally, if the defendant has previous criminal mischief convictions, the penalties may increase in severity.

Defenses to Criminal Mischief Charges

There are several potential defenses that may be available to someone charged with criminal mischief in Florida. The specific defense used will depend on the unique facts of the case. Some common defenses include:

1. Lack of Intent: If the damage was accidental, there is no “willful” or “malicious” intent. For example, if someone unintentionally breaks a window while playing catch, it may not constitute criminal mischief.
2. Mistaken Identity: The defense could argue that the wrong person has been identified as the perpetrator. This could be due to mistaken witness testimony or unclear surveillance footage.
3. Ownership of Property: A defendant cannot be guilty of criminal mischief for damaging their own property. If the property belongs to the defendant, no crime has occurred.
4. Consent of the Property Owner: If the property owner consented to the action (for instance, allowing someone to paint or modify something), then no criminal mischief has occurred.
5. Lack of Damage: The prosecution must prove that damage occurred.

Consequences of a Criminal Mischief Conviction

Beyond the legal penalties of fines and jail time, a criminal mischief conviction can have long-term consequences:

1. Criminal Record: A conviction for criminal mischief can result in a permanent criminal record, which can impact future employment opportunities, housing applications, and professional licenses.
2. Restitution: Courts often require defendants to pay restitution, meaning they must reimburse the property owner for the cost of repairing or replacing the damaged property.
3. Loss of Civil Rights: If the offense is charged as a felony, the defendant may lose certain civil rights, such as the right to vote or own firearms.

Criminal mischief charges should be taken seriously as they can carry severe penalties and have lasting consequences. With the right defense, it may be possible to reduce or dismiss the charges.

If you have been charged with criminal mischief in Florida, contact our law firm today for a consultation. Our experienced team can help you understand your legal options and fight for the best possible outcome in your case.