Criminal Mischief is defined by Florida Statute 806.13. It is the willful and malicious damaging of property of another. These cases often involve acts of graffiti, breaking windows, damaging vehicles or buildings, or any type of vandalism.
Criminal mischief is an enhanceable offense based upon the amount of property damage caused, if there is a prior conviction for the same offense, or the property damaged is a place of worship. The penalties for this offense are enhanced as follows:
In addition to jail, probation, and fines, the offender may be ordered to pay restitution to restore the damages. Any person convicted as a result of placement of graffiti shall be required to perform at least 40 hours of community service and, if possible, perform at least 100 hours of community service that involves the removal of graffiti.
There are a number of defenses to criminal mischief, in addition to the trial defenses. Some of the most common defenses are:
Here at Gans Law, our attorneys have experience with criminal mischief cases in both the juvenile and adult courts. If you have been arrested or charged with the crime of Criminal Mischief, contact us today for a free consultation.