Criminal Mischief

Section 806.13, F.S., defines criminal mischief as willfully and maliciously injuring or damaging any real or personal property belonging to another by any means. Criminal mischief can include graffiti and other acts of vandalism.

The penalty for criminal mischief generally corresponds to the cost of the damage.

• Second degree misdemeanor if the damage is $200 or less;
• First degree misdemeanor if the damage is greater than $200 but less than $1,000; and
• Third degree felony if:
  • the damage is $1,000 or greater; or
  • there is interruption or impairment of a business operation or public communication, transportation, supply of water, gas or power, or other public service which costs $1,000 or more in labor and supplies to restore.

Under § 806.13(5) (a), Fla. Stat., the amounts of value of damage to property owned by separate persons, if the property was damaged during one scheme or course of conduct, may be aggregated in determining the total value.

Attorney for Criminal Mischief in Orange County, FL

If you were charged with a felony or misdemeanor for criminal mischief, contact an attorney at Sammis Law Firm.

During the free consultation, we can discuss the charges pending against you, the typical penalties imposed by the court, and the best defenses to avoid those penalties while fighting for an outright dismissal.

Don’t face the judge alone. Call 813-250-0500.

Felony Charges for Criminal Mischief

Criminal mischief may also be enhanced to a third degree felony based on a prior criminal mischief conviction or the nature of the property damaged, including when a person damages one of the following:

• Church, synagogue, mosque, or other place of worship, or any religious article contained therein, if the damage to the property is greater than $200;
• Memorial or historic property, if the damage is greater than $200;
• Public telephone and other communication apparatuses, regardless of the value of the damage; or
• Sexually violent predator detention or commitment facility or any property contained therein, if the damage is valued greater than $200.

A person who commits criminal mischief by the placement of graffiti must also pay a fine, which increases based on the number of convictions and perform community service. A minor child who commits a delinquent act of criminal mischief is also subject to additional penalties when the case is prosecuted in juvenile court.

Jury Instructions for Criminal Mischief

The jury instructions for criminal mischief can be found in Chapter 12:

• 12.4 Criminal Mischief § 806.13(1)-(2), Fla. Stat.
• 12.4(a) Criminal Mischief — [Memorial] [Historic Property] § 806.13(3), Fla. Stat.
• 12.4(b) [Destroying or Demolishing] [or] [Pulling Down] [A Memorial] [Historic Property] § 806.135(2), Fla. Stat.
• 12.4(c) Criminal Mischief – [Displaying] [or] [Projecting] an Image onto a Building, Structure, or Other Property Without Written Consent [With a Credible Threat] 806.13(6), Fla. Stat.

To prove the crime of Criminal Mischief, the prosecutor must prove the following three elements beyond a reasonable doubt at trial:

1. (Defendant) injured or damaged [real] [personal] property.
2. The property injured or damaged belonged to (person alleged).
3. The injury or damage was done willfully and maliciously.

The jury is also told:

If you find the defendant guilty of criminal mischief, you must determine whether the State proved beyond a reasonable doubt that:

• a. [the damage to the property was $1,000 or greater.] [by reason of the damage, there was an interruption or impairment of a business operation or public communication, transportation, supply of water, gas or power, or other public service which cost $1,000 or more in labor and supplies to restore.]
• b. [the damage to the property was greater than $200 but less than $1,000.]
• c. [the damage to the property was $200 or less.]
• d. [the property damaged was a church, synagogue, mosque, or other place of worship or any religious article contained therein].
• e. [the defendant has previously been convicted of criminal mischief].

Read more about how property crimes are prosecuted in Orange County, FL.

This article was last updated on Friday, September 13, 2024.