We represent clients charged with criminal mischief in Jacksonville and throughout the State of Florida.  

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In Florida, criminal mischief involves the willful and malicious damage to property, including vandalism, graffiti, or any other act that destroys or defaces someone else's property. This offense is defined under Florida Statutes § 806.13.

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Definition of Criminal Mischief:

Criminal mischief occurs when a person:

1. Willfully and maliciously: The act must be intentional and done with ill intent.

2. Injures or damages real or personal property: This includes defacing, destroying, or damaging property, whether it’s a building, vehicle, or other personal belongings.

3. Belonging to another person: The property affected must belong to someone else.

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Common Examples of Criminal Mischief:

Vandalism: Spray-painting graffiti on a building, breaking windows, or keying a car.

Tampering: Interfering with someone’s property, such as disabling a security system or damaging a vehicle.

Destruction: Physically destroying property, such as smashing mailboxes or tearing down fences.

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Penalties for Criminal Mischief in Florida:

The severity of the penalties depends on the extent of the damage caused:

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1. If the damage is $200 or less:

Classified as a second-degree misdemeanor.

Penalties: Up to 60 days in jail and a fine of up to $500.

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2. If the damage is more than $200 but less than $1,000:

Classified as a first-degree misdemeanor.

Penalties: Up to 1 year in jail and a fine of up to $1,000.

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3. If the damage is $1,000 or more:

Classified as a third-degree felony.

Penalties: Up to 5 years in prison and a fine of up to $5,000.

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Enhanced Penalties for Certain Situations:

Damage to Public Property: If the criminal mischief involves defacing or damaging public property (such as schools, parks, or government buildings), the penalties may be enhanced, particularly if the damage exceeds a certain amount.

Interruption of Business or Public Services: If the damage disrupts a business or public services (such as cutting off electricity or vandalizing a business), the penalties may be increased.

Graffiti: If graffiti is involved, there may be additional penalties, including mandatory community service and possible suspension of the offender's driver's license.

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Restitution:

In addition to criminal penalties, a person convicted of criminal mischief may be required to pay restitution to the property owner for the cost of repairs or replacement.

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Defenses to Criminal Mischief:

Common defenses to criminal mischief charges include:

Lack of Intent: Arguing that the damage was accidental and not done willfully or maliciously.

Ownership of the Property: Demonstrating that the defendant had a legal right to damage the property (e.g., the property belonged to the defendant).

False Accusation: Showing that the defendant was falsely accused or that someone else committed the act.

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Important Considerations:

Juvenile Offenders: If the offender is a juvenile, the case may be handled in the juvenile court system, which focuses more on rehabilitation than punishment. However, serious or repeat offenses may result in harsher penalties.

Impact on Criminal Record: A conviction for criminal mischief, especially if it is a felony, can have long-lasting consequences, including a permanent criminal record that may affect employment and housing opportunities.

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Criminal mischief is taken seriously in Florida, and the consequences can vary widely depending on the circumstances. Legal representation is important for anyone facing this charge to ensure a fair defense and to explore possible options for reducing the penalties or avoiding a conviction.

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 ​If you are charged with criminal mischief in Jacksonville Duval County contact our office today.  Consultations are always free and always confidential.