What is Criminal Mischief in Florida?
Criminal mischief is a criminal offense in Florida that involves intentionally damaging or destroying another person’s property without their consent. This offense is often referred to as "vandalism" or "property damage." In this article, we will explore the definition, penalties, and consequences of criminal mischief in Florida.
Definition of Criminal Mischief in Florida
Criminal mischief is defined in Florida Statute 806.13 as:
"Whoever willfully or wantonly injures or destroys any real or personal property belonging to another, or does any damage thereto, commits the offense of criminal mischief."
Types of Criminal Mischief in Florida
There are several types of criminal mischief in Florida, including:
- Intentional Damage: Intentionally damaging or destroying property without the owner’s consent.
- Wanton Damage: Wantonly damaging or destroying property without regard for the consequences.
- Negligent Damage: Negligently damaging or destroying property due to reckless or careless behavior.
Penalties for Criminal Mischief in Florida
The penalties for criminal mischief in Florida vary depending on the value of the damaged property and the defendant’s criminal history. Here are the possible penalties:
| Value of Damaged Property | Penalty |
|---|---|
| Less than $200 | Misdemeanor, up to 60 days in jail and/or a fine of up to $500 |
| $200-$1,000 | Misdemeanor, up to 1 year in jail and/or a fine of up to $1,000 |
| $1,000-$20,000 | Felony, up to 5 years in prison and/or a fine of up to $5,000 |
| $20,000 or more | Felony, up to 15 years in prison and/or a fine of up to $10,000 |
Consequences of Criminal Mischief in Florida
In addition to the criminal penalties, criminal mischief can also have serious consequences for the defendant, including:
- Criminal Record: A conviction for criminal mischief can result in a criminal record, which can affect future employment, education, and housing opportunities.
- Fines and Restitution: The defendant may be required to pay fines and restitution to the property owner.
- Community Service: The defendant may be required to perform community service as part of their sentence.
- Loss of Civil Rights: In some cases, a conviction for criminal mischief can result in the loss of certain civil rights, such as the right to vote or own a firearm.
Examples of Criminal Mischief in Florida
Here are some examples of criminal mischief in Florida:
- Tagging a building with graffiti: Intentionally painting or drawing on a building without the owner’s consent.
- Breaking a window: Intentionally breaking a window on a car or building without the owner’s consent.
- Damaging a fence: Intentionally damaging or destroying a fence without the owner’s consent.
- Vandalizing a public restroom: Intentionally damaging or destroying a public restroom without the owner’s consent.
Defenses to Criminal Mischief in Florida
There are several defenses to criminal mischief in Florida, including:
- Lack of Intent: The defendant did not intend to damage or destroy the property.
- Mistake of Fact: The defendant believed they had the owner’s consent to damage or destroy the property.
- Self-Defense: The defendant damaged or destroyed the property in self-defense.
- Necessity: The defendant damaged or destroyed the property to prevent a greater harm.
Conclusion
Criminal mischief is a serious offense in Florida that can result in criminal penalties, fines, and restitution. It is important for individuals to understand the definition, penalties, and consequences of criminal mischief in Florida to avoid committing this offense. If you have been charged with criminal mischief, it is important to seek the advice of an experienced criminal defense attorney to explore your options and defenses.
