I examine each criminal mischief case to determine if it can be dismissed and removed from your record. If this is your first offense, pretrial diversion may be an option. If you resolve your case without a conviction you may be eligible to seal or expunge your record. Hiring an experienced criminal mischief defense lawyer is essential. I have defended hundreds of criminal mischief cases. Once hired, we will:

1. Collect and review all government evidence;
2. Identify any possible defenses;
3. Qualify you for a pretrial diversion program;
4. Immediately start negotiating for a dismissal or reduced charges, and
5. Do whatever is necessary to avoid a criminal conviction.

EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE

Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:

• Were you stopped and detained for a lawful reason?
• What is the correct value of the damaged property?
• Are there other factors or motivations that show lack of intent?
• Is there a lack of evidence or a conflict in the evidence?
• Were you read your Miranda rights?
• Were any of your statements illegally obtained?
• Was there any video evidence?
• Is this an identity case?

How is Criminal Mischief Defined in Florida?

Criminal mischief (also referred to as vandalism or destruction of property) is defined in Florida Statute 806.13 as when a person willfully and maliciously injures or damages by any means any real or personal property belonging to another. This includes keying a car, spraying graffiti, and other acts of vandalism.

How is Criminal Mischief Proven in Florida?

To prove the crime of criminal mischief, the State must prove the following elements beyond a reasonable doubt:

1. The defendant injured or damaged property.
2. The property injured or damaged by the defendant belonged to the alleged victim (identified by the prosecution).
3. The injury or damage was done willfully and maliciously.

Florida law defines willfully as intentionally, knowingly and purposely. Maliciously is defined as wrongfully, intentionally, without legal justification or excuse, and with the knowledge that injury or damage may be caused to another person or the property of another person.

PENALTIES FOR CRIMINAL MISCHIEF

The penalties for criminal mischief in Florida will vary according to the amount of damage caused to the subject property in the course of the offense.

• Where the property damage is valued at $200 or less, the person commits a second degree misdemeanor, punishable by up to 60 days in jail.
• Where the property damage is greater than $200 but less than $1,000, the offense is a first degree misdemeanor punishable by up to 1 year in jail.
• Where the amount of damage to the property exceeds $1,000, the offense is a third degree felony, punishable by up to 5 years imprisonment.

Florida Statute 806.13, The Criminal Mischief Statute

• (a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto. (b) If the damage to such property is $200 or less, it is a misdemeanor of the second degree.
• If the damage to such property is greater than $200 but less than $1,000, it is a misdemeanor of the first degree.
• If the damage is $1,000 or greater, or if there is interruption or impairment of a business operation or public communication, transportation, supply of water, gas or power, or other public service which costs $1,000 or more in labor and supplies to restore, it is a felony of the third degree.
• If the person has one or more previous convictions for violating this subsection, the offense under subparagraph 1. or subparagraph 2. for which the person is charged shall be reclassified as a felony of the third degree.

Florida Criminal Mischief Case Law

White V. State, 2D18-2732 (Fla. 2nd DCA 2020) Defendant found on porch of a damaged trailer cannot be found guilty of criminal mischief, absent evidence that he had committed the damage or, if he had, had done so maliciously.

Heare V. State, 2D18-2630 (Fla. 2nd DCA 2019) Challenge to restitution order on ground that defendant did not receive notice of restitution hearing and was not present at it is not cognizable in rule 3.800(a) motion, but is properly considered in rule 3.850 motion — Defendant to be afforded opportunity to file amended rule 3.850 motion, where the motion lacked oath required by rule 3.850 and inadequately pleaded an exception to rule’s two-year time limit, but the allegations of the motion were not conclusively refuted by record.

Aggressive Orange County Criminal Mischief Defense Lawyer

If you were recently arrested or charged with any Florida destruction of property crime, please call me at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.