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Criminal Mischief and Vandalism in Florida

Jacksonville Criminal Mischief and Vandalism Attorney

Under Florida law, criminal mischief (also known as vandalism) is a serious criminal offense that may be charged as a misdemeanor or felony, depending on the facts of a particular case. If you are facing a charge of Criminal Mischief in Jacksonville, FL, contact a Jacksonville criminal attorney to discuss your options under Florida law.

The offense of criminal mischief is rooted in the common law offense of “malicious mischief.” Wharton's Criminal Law, § 485 (14th ed. 1981). Malicious mischief was codified into Florida Statutes Section 806.13, and eventually relabeled as “criminal mischief.” The offense is commonly referred to in Florida as “vandalism.”

How is Criminal Mischief (Vandalism) Defined in Florida?

Under Florida law, a person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto.

How is Criminal Mischief (Vandalism) Proven in Florida?

To prove the crime of criminal mischief at trial, the prosecution must establish the following elements beyond a reasonable doubt: (1) the defendant injured or damaged property (real or personal), (2) the property injured or damaged by the defendant belonged to the alleged victim (identified by the prosecution), (3) the injury or damage was done willfully and maliciously. Under Florida law, “willfully” means intentionally, knowingly, and purposely. “Maliciously” means wrongfully, intentionally, without legal justification or excuse, and with the knowledge that injury or damage may be caused to another person or the property of another person.

The penalties available for the crime of criminal mischief will depend on the value of the property damaged. Where the property damaged is valued at $200 or less, the person commits a second degree misdemeanor, punishable by up to 60 days imprisonment. If the value is greater than $200 but less than $1,000, the offense is a first degree misdemeanor punishable by up to one year imprisonment. Where the value of the damaged property exceeds $1,000, it is a third degree felony, punishable by up to 5 years imprisonment.

If you are arrested for criminal mischief, malicious mischief, or vandalism in Jacksonville, you should consult with an experienced Jacksonville criminal mischief defense lawyer. With the guidance of a Jacksonville criminal mischief defense attorney, there may be defenses available to defeat the charge or mitigate the penalties and consequences you may face.

What Are the Defenses to Criminal Mischief in Florida?

Depending on the facts of an individual case, there are numerous defenses available for a Jacksonville criminal defense lawyer to contest a criminal mischief charge in Jacksonville. First, did the damage result from the conduct of the accused? Did the alleged victim actually own the property, or was the property jointly owned or possessed by the accused and the alleged victim? Was the act that caused the damage willful, or did it occur in the midst of an altercation? Was the damage caused by the act accidental? Was it the alleged victim’s conduct that actually caused the damage to the property? Was there a legal justification for the accused’s conduct? Were there extenuating circumstances excusing the accused’s conduct? Was the conduct of the accused necessary to protect himself or to protect others? Is there some other circumstance in the case to support an argument that the accused’s conduct was not “wrongful?”

In Florida, criminal mischief is a serious charge that should not be taken lightly. If you have been accused of criminal mischief or vandalism, contact an experienced Jacksonville Criminal Attorney for a free consultation.