Criminal Mischief Attorney in Miami, FL

Whether you or a loved one has been arrested or is under investigation for criminal mischief, it is critical to consult with an experienced criminal mischief lawyer as soon as possible to ensure that your rights are protected. If you’re brought up on property damage charges, you need the counsel of an experienced Miami criminal mischief attorney to guide you through the process and maximize your chances of resolving your case with a favorable outcome. Our Miami criminal defense lawyers can review the alleged damage, the ownership evidence, and the circumstances surrounding the incident.

What is Criminal Mischief?

The definition of criminal mischief is found in Florida Statutes Section 806.13. Put simply, the essence of the crime is willful and malicious damage to another person’s property.  It can be charged as a felony for criminal mischief, depending on the amount of damage in dollar terms (see the punishment section below for more information).

 To prove the crime of criminal mischief, the State has to prove three elements beyond a reasonable doubt:

  1. That you injured or damaged real or personal property (includes graffiti).
  2. That the property that was damaged belonged to another person.
  3. That the conduct causing the damage was willful and malicious.

Conduct Required for Criminal Mischief

In a criminal mischief case, the State is required to prove that your actions caused damage to the property. [1] If the State fails to prove that you caused property damage, though, you still could be charged with attempted criminal mischief. [2] The State must prove that the damaged property belonged to another person. Ownership disputes require a closer review of the evidence.

Proof of Amount or Value of Damage

When the degree of criminal mischief depends on the amount of damage, the State must prove the applicable dollar threshold beyond a reasonable doubt. Proof that property was damaged, without evidence establishing the required amount, does not by itself support a higher-degree conviction. Since the valuation of damage determines the degree of the charge, a knowledgeable Miami criminal lawyer can help evaluate whether the State’s evidence accurately reflects the true cost of repair or replacement. Damage to property owned by different people may be added together when it occurred during one scheme or course of conduct. [3] The alleged damage is required to be to the actual property, and the dollar amount of damage allegedly caused to the property. This amount doesn’t include lost wages or a business’s loss of sales or profits. [4] To prove this dollar value, the State has to present evidence of the cost of repair or replacement of the property. If the State proves criminal mischief but fails to establish the damage amount needed for a higher-degree offense, the conviction generally must be reduced to a second-degree misdemeanor, unless another statutory basis supports the higher charge. [5]

Intent Required for Criminal Mischief

The State must prove that the conduct causing the damage was willful and malicious. An accident alone is not enough. But the Third District Court of Appeal, which covers Miami-Dade County, treats criminal mischief as a general-intent crime: the State need not prove that damaging the property was the defendant’s specific goal. [7]

The circumstances still must establish malice toward the property. Damage alone does not prove malice, and malice directed at another person cannot simply be transferred to property damaged during the encounter. [6] In Walker v. State, the court reversed a criminal-mischief conviction because the evidence established malice toward the person who was pushed into a glass door, rather than toward the door.

Possible Punishment for Criminal Mischief Conviction

Under Florida law, criminal mischief can be charged as a second-degree misdemeanor if the damage is $200 or less. If the damage is more than $200 but less than $1,000, it’s a first-degree misdemeanor. A qualifying prior conviction under Section 806.13(1) requires reclassification of an otherwise first- or second-degree misdemeanor under that subsection to a third-degree felony. Damage of $1,000 or more generally makes the offense a third-degree felony, subject to the special provisions discussed below. The law also makes criminal mischief a felony in other special circumstances involving property belonging to public utilities and businesses. 

The maximum punishment if you are convicted of criminal mischief depends on the degree of crime you are charged with:

Second-Degree Misdemeanor Criminal Mischief ($200 or less)

  • A county jail sentence of up to 60 days
  • A fine of up to $500
  • Up to six (6) months of probation

First-Degree Misdemeanor Criminal Mischief (more than $200 but less than $1,000) 

  • A county jail sentence of up to one year
  • A fine of up to $1,000
  • Up to one year of probation

Third-Degree Felony Criminal Mischief ($1,000 or more)

  • A state prison sentence of up to five (5) years
  • A fine of up to $5,000
  • Up to five (5) years of probation

Property Damage During Unlawful Occupancy or Trespass

Under Section 806.13(4), unlawfully occupying, detaining, or trespassing on a residential dwelling or commercial property and intentionally causing at least $1,000 in damage to that property is a second-degree felony. It generally carries up to 15 years in prison and a $10,000 fine.

These general penalties do not cover every special provision. Graffiti offenses carry additional fines and community-service requirements, and defendants may also be required to pay for the damage.

Defenses to a Criminal Mischief Charge

Possible defenses to a Criminal Mischief charge can include:

  • You did not cause damage to the property
  • The State cannot prove that the conduct causing the damage was willful and malicious.
  • You were legally justified in your conduct
  • You damaged the property while defending yourself or while defending another person

If you have little or no criminal history, we can assess whether a first-time offender program may offer a path to resolving the charge without a conviction. After the case ends, we can also review whether you qualify for sealing or expunging your record.

Contact an Experienced Miami Criminal Mischief Attorney

Over the years, we have represented dozens of clients in criminal mischief cases. By taking the immediate action of hiring an experienced Miami criminal mischief attorney to defend yourself, you are minimizing the chances that your criminal mischief case will have lasting consequences for your career, personal life, and reputation.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545,  or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

FILL OUT INTAKE FORM

*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.

References

  1. C.B. v. State, 721 So. 2d 785 (Fla. 3d DCA 1998)
  2. N.R. v. State, 452 So. 2d 1052 (Fla. 3d DCA 1984)
  3. §806.13(8)(a), FLA. STAT.
  4. A.L.J. v. State, 12 So. 3d 873 (Fla. 4th DCA 2009)
  5. Marrero v. State, 71 So. 3d 881(Fla. 2011)
  6. Sanchez v. State, 909 So. 2d 981, 985 (Fla. 5th DCA 2005)
  7. See, e.g.,     M.H. v. State, 936 So. 2d 1 (Fla. 3d DCA 2006)

IF YOU ARE MAKING A DECISION ON HIRING A LAWYER FOR A CRIMINAL MISCHIEF CHARGE, ALWAYS INVESTIGATE AN ATTORNEY’S QUALIFICATIONS TO ENSURE THEY HAVE THE EXPERIENCE AND QUALIFICATIONS TO DEFEND YOU PROPERLY.