According to Florida Criminal Statute 806.13, the act of vandalism is known in the State of Florida as “Criminal Mischief.” Criminal Mischief is characterized as maliciously and willfully destroying the property owned by another person, entity, government agency, or corporation. Whether the charge is a misdemeanor or felony offense typically depends on the severity and/or value of the property damaged. Also, if a crime is committed during a “State of Emergency,” the crime may automatically be elevated to a felony charge. The basic differences between a felony charge and a misdemeanor charge are that felonies include stiffer fines, longer prison sentences, and permanent loss of freedoms such as gun ownership, voting rights, and more. Criminal Mischief typically includes acts such as vandalism, breakage, defacement, graffiti, sabotage, and other destructive acts or damage to another´s property.
What the Prosecution Must Prove in a Criminal Mischief Case
In order for the prosecution to win a conviction against a defendant in a Criminal Mischief criminal trial, the prosecution must prove beyond a reasonable doubt, the following three essential elements:
- The defendant damaged property.
- At the time the property was damaged by the defendant, the property belonged to another person or entity. (The victim will be identified by the prosecutor during the trial.)
- The defendant damaged the property intentionally, willingly, and maliciously.
The word “willingly” means knowingly, intentionally, and purposefully. “Malice” means to do something with the intention of causing harm to the property of someone else. However, appellate courts in Florida are spilt on which type of intent is necessary to commit the crime of Criminal Mischief. Therefore, retaining an experienced criminal defense attorney for a Criminal Mischief charge may significantly improve your chances of an acquittal.
In a felony Criminal Mischief trial, the prosecutor must prove beyond a reasonable doubt that the defendant´s actions were responsible for the property damage, and the damage exceeds $1,000 in economic loss. The prosecution must prove the value of the property from a competent source such as three repair bids from legitimate and appropriate repair businesses and expert testimony.
The Penalties for a Criminal Mischief Conviction
Determining the cost of the damage repairs is the first consideration when determining the appropriate charges to filed against the defendant in Criminal Mischief offenses. According to Florida Criminal Statute 806.13, if the property damage is worth $200 or less, the defendant will likely be charged with a misdemeanor in the second-degree. The penalties for a conviction of misdemeanor Criminal Mischief in the second-degree are up to 60 days in jail, possible restitution to the victim, and a fine of $500. If the damage to the property is more than $200, but less than $1,000, and the defendant is found guilty, he or she will face a first-degree misdemeanor. A conviction of a first-degree misdemeanor is punishable by up to 1 year in jail, a fine of $1,000, and possible restitution to the victim.
Defenses to a Florida Criminal Mischief Charge
If the defendant retains a competent and experienced criminal defense attorney, the defendant will have several defense options depending on the facts of the defendant´s case. Criminal Mischief cases can be a challenge for the prosecution to prove when the defendant is represented by a skilled and experienced attorney. This is because of the difficulty in proving beyond a reasonable doubt all three key essential standards in proving guilt in a Criminal Mischief case.
- The defendant damaged property.
- At the time the property was damaged by the defendant, the property belonged to another person or entity. (The victim will be identified by the prosecutor during the trial.)
- The defendant damaged the property intentionally, willingly, and maliciously.
Some of the defenses the criminal defense lawyers at Musca Law have discusses used to reduce the charges in criminal trials, or used to obtain an acquittal include:
- Did the victim own the property at the time of the alleged crime?
- Was the property jointly owned?
- Was the property already damaged or slightly damaged before the alleged act?
- Was the damage actually caused by the actions of the defendant?
- Was the act of the defendant willful, or did the damage occur as the result of a fight or other situation involving the victim?
- Was there a legal justification for the defendant to damage the property?
- Was the property damaged due to an accident or mishap?
- Was the actions of the defendant needed in order to protect someone else or themselves from injury or death?
- The property damaged is less valuable than stated by the prosecutor.
Do You Need an Attorney to Defend Yourself Against a Criminal Mischief Charge in Florida?
In the State of Florida, Criminal Mischief crimes are either charged as a felony or as a misdemeanor offense. Misdemeanor offenses are considered less serious offenses then felony crimes. Felony convictions carry prison sentences of one year or more, while misdemeanor convictions are punished with up to one year in jail. That is why it is imperative that you speak with an experienced Criminal Mischief Defense Attorney in Florida. A competent and qualified attorney will ensure that your legal rights are protected and that you or your loved one is not overcharged by the prosecutor. Do not make the mistake of thinking Criminal Mischief charges are not that serious. Many overzealous prosecutors will add on charges or attempt to overcharge the defendant in order to push the defendant to give away his or her legal rights and plead guilty to a lower charge. However, the lower charge may be the charge that should have been brought originally.
Speak to Musca Law About Your Case for Free
If you or a loved one is facing prosecution for a Criminal Mischief offense or any other criminal offense, you must speak to an experienced attorney as soon as possible. Call Musca Law at (888) 484-5057 for your free consultation. Our offices are open 24/7 and we have law office locations throughout the State of Florida.