Criminal Mischief in Florida
The penalties for Criminal Mischief increase based upon the amount of property damage caused.
Under Florida Statute 806.13, the crime of Criminal Mischief, more commonly known as vandalism, is committed when a person willfully and maliciously damages another person’s property.
Penalties for Criminal Mischief
The penalties for criminal mischief increase based upon the amount of property damage caused. The threshold amounts are:
Less than $200 in Damage
The crime of Criminal Mischief which results in less than $200 in damage is a Second Degree Misdemeanor and if convicted, a judge can impose any combination of the following penalties:
- Up to sixty (60) days in jail.
- Up to six (6) months of probation.
- Up to $500 in fines.
Between $200 and $1,000 in Damage
The crime of Criminal Mischief which results in more than $200, but less than $1,000, in damage is a First Degree Misdemeanor and if convicted, a judge can impose any combination of the following penalties:
- Up to twelve (12) months in jail.
- Up to twelve (12) months of probation.
- Up to $1,000 in fines.
More than $1,000 in Damage
The crime of Criminal Mischief which results in more $1,000 in damage is a Third Degree Felony and is assigned a Level 2 offense severity ranking under Florida’s Criminal Punishment Code.
If convicted of Criminal Mischief Causing More than $1,000 in damage, a judge can impose any combination of the following penalties:
- Up to five (5) years in jail.
- Up to five (5) years of probation.
- Up to $5,000 in fines.
Defenses to Criminal Mischief
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Criminal Mischief are:
Unintentional Damage
A conviction for criminal mischief will not be upheld if the property was damaged unintentionally during another criminal act.
A typical example is when a person goes to throw an item at another person, but misses and breaks a window behind the intended target. The intent to hit the person cannot be considered an intent to break the window. [1]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Criminal Mischief in Orlando or the Central Florida area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.