F.S. 806.13 – Florida Criminal Mischief Offenses

Criminal mischief might sound like a minor offense or something more in the realm of juvenile delinquency. But here in Broward County, the consequences can be far-reaching and life-altering. Whether it’s an act of vandalism, defacing public property, or damaging someone else’s vehicle, criminal mischief charges under Florida Statute 806.13 carry penalties that escalate based on the value of the damage and the nature of the act. For residents of Fort Lauderdale and the surrounding areas, these charges can lead to fines, restitution, and even jail time, not to mention a lasting stain on your criminal record.

Here, our Fort Lauderdale criminal defense lawyers detail the statutory elements, legislative intent, and penalties of criminal mischief charges in Florida. We’ll break down what constitutes criminal mischief, discuss common examples like graffiti and property damage, and examine defense strategies that an experienced Fort Lauderdale criminal defense attorney might employ to protect your rights. Understanding the nuances of criminal mischief laws is crucial for anyone facing these charges, as the legal system can be both complex and unforgiving.

Florida Statute 806.13 defines criminal mischief as the willful and malicious destruction of property belonging to another person. The offense focuses on acts directed at property, not people, and requires proof of malice. Malice, in this context, means the act was done intentionally and without legal justification or excuse.

The statute aims to protect public and private property from intentional harm while holding individuals accountable for the costs associated with such damage. 

Examples of criminal mischief include:

• Breaking windows or doors.
• Spray-painting graffiti on walls, vehicles, or public monuments.
• Damaging mailboxes.
• Defacing real estate or public property.
• Keying or otherwise damaging vehicles.

The legislative intent of F.S. 806.13 is to deter individuals from engaging in acts that harm property and disrupt public order. 

Florida lawmakers have aimed to balance the need for accountability with the recognition that some acts, particularly those committed by juveniles, may not warrant severe penalties. This intent is reflected in the statute’s tiered penalty system, which considers the value of the damage and whether the offense is a repeat violation.

However, some elements can escalate the charge. For example, if criminal mischief is carried out against an estranged spouse or domestic partner and connected to a domestic violence case or injunction, you can expect law enforcement to take it much more seriously. Similarly, criminal mischief that’s categorized as a hate crime will be more harshly penalized. 

The penalties for criminal mischief in Florida vary depending on the monetary value of the damage caused. In general:

• Damage under $200: This is a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500.
• Damage between $200 and $1,000: This is a first-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.
• Damage exceeding $1,000: This becomes a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000.

Additional penalties for criminal mischief may apply for certain aggravating factors, such as:

• Damaging a place of worship or religious article.
• Defacing public monuments or historical landmarks.
• Repeated offenses, which can result in enhanced penalties.

Further, criminal mischief penalties will be more serious if the act was allegedly motivated by prejudice or bias against a group of people based on race, color, ethnicity, ancestry, religion, sexual orientation, national origin, housing status, mental or physical disability or advanced age. 

Examples might include:

• Defacing a synagogue, mosque or church with offensive symbols.
• Vandalizing property owned by someone of a specific race with racial slurs.
• Targeting an LGBTQ+ business by damaging pride flags or defacing their property with offensive language.

Under the Florida Hate Crimes Act, F.S. 775.085, hate crimes can be reclassified to a higher degree:

• A second-degree misdemeanor (max 60 days in jail) becomes a first-degree misdemeanor (max 1 year jail). 
• A first-degree misdemeanor (max 1 year in jail) becomes a third-degree felony (max 3 years prison).
• A third-degree felony (max 5 years in prison) becomes a second-degree felony (max 15 years prison). 

Similarly, criminal mischief that is classified as an act of domestic violence will be more serious. Domestic violence under Florida law encompasses various acts of violence or threats against a family or household member, including spouses, former spouses, people related by blood or marriage, co-parents, and those living together as a family.

Courts often consider property destruction in domestic violence cases to be acts of intimidation or coercion. There may be mandatory penalties, such as batterer’s intervention course completion. If the act was carried out in violation of a domestic violence injunction, that’s actually a separate crime for which you’re likely facing at least a first-degree misdemeanor, if not a third-degree felony. The emotional impact to the victim can also be considered during sentencing. 

To secure a conviction for criminal mischief, the prosecution must prove:

1. Ownership of the Property. The damaged property must belong to someone other than the defendant.
2. Act of Malice. The damage must have been intentional, not accidental.
3. Extent of the Damage. The monetary value of the damage determines the severity of the charge.

A lack of evidence in any of these areas can serve as the foundation for a strong defense.

While criminal mischief involves the intentional destruction of property, burglary and trespassing offenses focus on unlawful entry. 

Trespassing occurs when someone unlawfully enters or remains on another person’s property.

Burglary involves unlawful entry with the intent to commit a crime inside. 

Criminal mischief may occur independently or as part of a larger crime, such as a burglary.

An experienced Fort Lauderdale criminal defense attorney can employ a variety of strategies to challenge criminal mischief charges.

If one’s actions were accidental rather than malicious, we may argue lack of intent. In a 2006 ruling by Florida’s 2nd District Court of Appeals in Stinnett v. State, the court concluded that the defendant must specifically intend to damage or destroy the property of another. As noted in the 2014 Fla. 4th DCA ruling in Walker v. State, malice can’t simply be inferred just from the fact that the property was damaged. 

We’d also look closely at the strength of the prosecutor’s evidence that links our client to the damage. The state is the one who bears the burden of proof. Without surveillance footage, eyewitness testimony or forensic evidence, the case may be weak. 

In some situations, ownership disputes may be at the heart of the situation. If the defendant reasonably believed they had a legal right to alter or damage the property, that could negate the malice element of the charge. 

Damage to property is a key element of a criminal mischief charge. If there’s no evidence of damaged property, the charge will have to be dismissed. Beyond that, charges may be pleaded down if a criminal defense lawyer successfully challenges the value of the alleged damage. Valuation of property or the cost of repairs may be inflated or overestimated. Our Broward County defense lawyers can challenge this with independent assessments. 

For cases involving first-time offenders, particularly juveniles, a defense lawyer may advocate for alternative sentencing, such as restitution, community service, or participation in a diversion program that may help the defendant avoid a conviction. 

Criminal mischief charges can carry serious consequences that can impact your future.

An experienced Fort Lauderdale criminal defense attorney understands the nuances of Florida’s criminal mischief laws and can provide the guidance and advocacy needed to protect your rights. Whether negotiating reduced charges, challenging the prosecution’s evidence, or advocating for alternative sentencing, a skilled attorney can make all the difference in achieving a favorable outcome.

Contact the Fort Lauderdale Criminal Defense Lawyers at The Law Offices of Richard Ansara by calling (954) 761-4011.