Understanding Misdemeanor Charges and What They Mean for You
Have you ever heard someone say, “It was just a prank” after property gets damaged? In Florida, even what seems like a small prank can lead to criminal charges. This is especially true when it comes to criminal mischief, which is just a legal term for intentionally damaging someone else’s property.
So, What Is Criminal Mischief Exactly?
Under Florida Statute 806.13, criminal mischief happens when someone willfully and maliciously damages property that doesn't belong to them.
Let’s break that down with some simple examples:
- You get mad and kick someone’s car, leaving a dent.
- A teen spray-paints graffiti on a wall.
- Someone breaks a neighbor’s mailbox “for fun” or out of anger.
- You accidentally knock over a sign while backing out of a driveway—that’s not criminal mischief, because it wasn’t intentional.
The key is intent—the damage has to be done on purpose or out of anger, not by accident.
Misdemeanor Levels of Criminal Mischief
The severity of the charge depends mostly on the dollar value of the damage:
- Second-Degree Misdemeanor
Damage is $200 or less
➤ Up to 60 days in jail and a $500 fine - First-Degree Misdemeanor
Damage is more than $200 but less than $1,000
➤ Up to 1 year in jail and a $1,000 fine
Once damage is $1,000 or more, or if it involves specific types of property (like churches or schools), it can become a felony—but we’re focusing here on misdemeanors.
How Does the State Prove It?
To convict someone of misdemeanor criminal mischief, the prosecutor has to show three things:
- The property was damaged
- It belonged to someone else
- The damage was done on purpose
For example, if you and a friend get into an argument and you throw their phone against the wall—that’s criminal mischief. But if you accidentally drop their phone, that’s likely a civil issue, not a crime.
What Are Some Common Scenarios?
- A high school student scribbles on a school bathroom wall with a marker.
- Someone carves initials into a public park bench.
- A neighbor gets into a dispute and tosses a rock through your window.
Even though these acts might not seem “serious,” they’re all potentially criminal mischief charges.
What Happens If You’re Charged?
If you’ve been accused of criminal mischief in Florida, don’t panic—but don’t ignore it either. A misdemeanor might not sound like a big deal, but it can still result in:
- Jail time
- A criminal record
- Fines and court costs
- Being ordered to pay restitution (repair or replacement of the damaged item)
- Trouble with jobs, school, or housing
You Have Options
A Florida criminal defense attorney can help you explore options like:
- Having the charge reduced or dismissed
- Entering a pretrial diversion program
- Negotiating for community service instead of jail time
- Fighting the charge in court if the damage was accidental or if there’s not enough proof