Criminal Mischief Defense Attorney

Orlando Criminal Mischief Lawyer for Orange & Seminole Cty

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.

 

The Facts of Your Criminal Mischief Case are Important

The constitution guarantees that people be free from illegal police conduct. It is important for you to know if any of your constitutional rights have been violated. The police must have a lawful basis for investigation and arrest. Unlawful police conduct can lead to the suppression of evidence and statements obtained after the illegal police conduct. Important questions that should be answered in any criminal mischief case 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 of a conflict in the evidence?
  • Were you read your Miranda rights?
  • Were any of your statements illegally obtained?

Personalized Attention for your Criminal Mischief Case

I will personally handle all aspects of your case. You will be able to call, text or email him directly and your case will not be assigned to another lawyer. I am the only attorney who will speak to you on the phone, meet you in person and attend court with you. Your criminal mischief case will get myfull attention. Contact me for a free consultation. In addition to keeping extended business hours, our office is open every Saturday. Call 407-740-7275 to speak directly with an experienced criminal mischief defense lawyer in Winter Park, Florida.

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 other 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.

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.

Orange County Criminal Mischief Defense Lawyer

If you were recently arrested or charged with any Florida criminal offense, 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.

Orlando Criminal Mischief Lawyer for Orange & Seminole Cty

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.

 

The Facts of Your Criminal Mischief Case are Important

The constitution guarantees that people be free from illegal police conduct. It is important for you to know if any of your constitutional rights have been violated. The police must have a lawful basis for investigation and arrest. Unlawful police conduct can lead to the suppression of evidence and statements obtained after the illegal police conduct. Important questions that should be answered in any criminal mischief case 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 of a conflict in the evidence?
  • Were you read your Miranda rights?
  • Were any of your statements illegally obtained?

Personalized Attention for your Criminal Mischief Case

I will personally handle all aspects of your case. You will be able to call, text or email him directly and your case will not be assigned to another lawyer. I am the only attorney who will speak to you on the phone, meet you in person and attend court with you. Your criminal mischief case will get myfull attention. Contact me for a free consultation. In addition to keeping extended business hours, our office is open every Saturday. Call 407-740-7275 to speak directly with an experienced criminal mischief defense lawyer in Winter Park, Florida.

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 other 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.

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.

Orange County Criminal Mischief Defense Lawyer

If you were recently arrested or charged with any Florida criminal offense, 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.

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