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Criminal Mischief in Florida

The Florida crime of Criminal Mischief is more commonly known as vandalism. If accused of Criminal Mischief, you need to know the:

• Definition of Criminal Mischief
• Penalties for Criminal Mischief
• Defenses to Criminal Mischief

Definition of Criminal Mischief

Criminal Mischief ooccurs when a person willfully and maliciously injures or 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;
• Between $200 and $1,000 in Damage; and
• More than $1,000 in Damage.

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 a Level 2 Offense under Florida's Criminal Punishment Code.

If convicted of Criminal Mischief Causing More than $1,000, 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 general pretrial and trial defenses that can be raised in any criminal case, some specific defenses to the crime of Criminal Mischief include:

Unintentional Damage

A conviction for criminal mischief will not stand if 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.

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The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Florida criminal lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

Contact Criminal Defense Lawyer Charley Demosthenous

If you have been arrested or charged with a crime, please contact Tampa Criminal Defense Attorney Charley Demosthenous today. The sooner you contact me, the sooner I can establish a defense on your behalf.

The initial consultation is free of charge and I will inform you of possible defense strategies and/or remedies. I am available 24 hours a day, 7 days a week. (813) 857-8237

Serving all of the Tampa Bay Area and Throughout Florida.

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William S. Foley, P.A.
Divorce and Family Law

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