CRIMINAL MISCHIEF LAWYER
Experienced Defense in Deland and Daytona Beach
Criminal Mischief, as outlined by Florida Statute 806.13, is the willful and malicious damage to another person’s property. This can include actions from graffiti and vandalism, to intentionally breaking a window of a home or car. Read more to learn how to prove criminal mischief, what are the penalties if convicted, and how our experienced criminal mischief attorney can help you.
Thompson Law has offices in DeLand and Daytona Beach and help clients throughout Central Florida fight their criminal charges. Contact us today at (386) 280-4977!
What is Criminal Mischief?
Any damage – even minor damage – can result in a charge of criminal mischief; however, there are two words that are important to understand when faced with this charge: willful and malicious.
Willful means “intentionally, knowingly, or purposefully” [Florida Jury Instructions §806.13(1)-(2)]. Not all actions resulting in damages constitute “criminal mischief” – such as a car accident, or accidentally hitting a ball through someone’s window. Rather, the damage done must have been caused with some sort of intent or knowledge of the person committing the act that caused the damage.
Malicious means “wrongfully, intentionally, without legal justification or excuse, and with the knowledge that injury or damage will be caused to another person or the property of another person” [Florida Jury Instructions §806.13(1)-(2)]. Aside from causing the damage on purpose, the damage must also be caused without a legal justification. For example, a person who breaks a car window because a child is locked in the back seat does not commit criminal mischief, but a person who throws a rock into a full parking lot (regardless of whether or not the person intended to hit any particular vehicle) does commit the offense.
In addition, criminal mischief carries several different degrees – or level of severity – of the crime. The degree varies based on the amount of the damage, location of damage, or item damaged. Degrees vary from a second degree misdemeanor to a third degree felony.
Second Degree Misdemeanor – If the amount of damage is $200 or less. Note that there is no minimum dollar amount for a criminal mischief charge. Even if the damage amounts to $1, you can be charged [s. (1)(b)1]. Punishable by up to 60 days in jail, 6 months of probation, and a fine of $500.
First Degree Misdemeanor – If the amount of damage is between $200 and $1,000 [s. (1)(b)2]. Punishable by up to 12 months in jail, 12 months of probation, and a fine of $1,000.
Third Degree Felony – If the amount of damage is $1,000 or more, or if the damage interrupts a business or public operation [s. (1)(b)3]. Additionally, having a previous conviction of criminal mischief results in a felony classification [s. (1)(b)4], as does damaging a religious building [s. (2)], public telephone [s. (3)], or sexual predator detention or commitment facility [s. (4)]. Punishable by up to 5 years in jail, 5 years of probation, and a charge of $5,000.
How Do You Prove Criminal Mischief
As with all criminal cases, the State has the burden of proving every element of the charge beyond and to the exclusion of every reasonable doubt. According to the Florida Jury Instructions for §806.13(1)-(2), the State must prove:
- The Defendant injured or damaged real or personal property
- The property injured or damaged belonged to another person
- The injury or damage was done willfully and maliciously
- The amount of the damage and, when applicable, the location of the damage or item damaged
The State must prove all four of these elements; it is not enough for them to only prove that a piece of property was damaged, nor is it enough for them to prove that the damage was done only willfully. In order to get a conviction of criminal mischief, every single elements of the charge must be proven beyond a reasonable doubt. This is where hiring an experience criminal defense attorney provides you with the upmost benefit. It is the job of a defense attorney to show that the State’s evidence is inadequate for proving that you committed a crime.
Why Choose Thompson Law
When you hire Matt Thompson as your attorney, you can be certain that you are hiring an experienced attorney who will fight diligently on your behalf. With all of our criminal cases, our first step is to discuss the case with our client and get his or her account of the incident. This allows us to make a determination of the unique circumstances of your case and decide what course of action is going to result in the best possible outcome for you. After analyzing the evidence from the State, we can go on the offensive. We will craft legal arguments for your case, attack the State’s evidentiary weaknesses, and negotiate with the state attorney to ensure that you are in the best situation throughout the life of your case. Even if your case does not go to trial, we prepare every case as though it will.
Matt Thompson has experience prosecuting and defending charges of criminal mischief. Call us today at (386) 280-4977 for your free case evaluation.
Client-Focused. RESULT-DRIVEN.
Working Closely with You To Build a Strong Case
-
Charges Reduced Sale and Possession of Heroin
Defendant entered a treatment facility while case was pending. Attorney Thompson provided progress reports of all of her progress during her stay to show improvement. State agreed to amend all charges to simple possession and the Defendant was sentenced into Drug Court.
-
No Charges Filed and Prevented Arrest Grand Theft
Client was caring for her special needs sister. While caring for her she received advice from bank personnel to place her sister’s Disability Checks into a bank account in the Client’s name to avoid other family members from stealing money. Once the family members discovered this they called the police to investigate the Client. Attorney Thompson put together documentation showing how the money was being spent and met with police to further explain the situation. The police determined that there was no
-
Charges Reduced, Guidelines Waived, No Probation Failure to Register as a Career Criminal
The Client was arrested out of State for a warrant for failure to register as a career criminal. This violated his probation out of Miami-Dade County, Florida. Attorney Thompson was able to track the Client’s addresses and discovered that his landlord at the time lied to his probation officer about his renting an apartment because the landlord was not zoned to allow tenants. The State agreed to a time-served sentence for the time he spent in custody being transported to Florida.
-
Deferred Prosecution Agreement Loitering and Prowling
Client became disoriented due to a medical condition and entered a car that did not belong to him, but looked just like his car. Attorney Thompson provided mitigation to the State concerning the Defendant’s medical issues and ensured the client would be offered a Deferred Prosecution Agreement by the State wherein all charges would be dismissed upon completion.
-
All Charges Dismissed Sexual Battery & Domestic Battery
Mr. Thompson took depositions of the victim showing that the victim was not truthful with police when she provided her statement as to what happened. Confronted victim with social media posts, bank records, and telephone records to show that she was not in the places that she stated she was during the time the alleged crime took place. Case 1 was dismissed and the Defendant pled to Case 2 and received two (2) years of prison and credit for fifteen (15) months in prison.
-
Charges Reduced Domestic Battery
Attorney Thompson provided a letter outlining defenses in case. State reviewed letter and spoke to the witnesses and offered to reduce the charges to a non-violent disorderly conduct with no jail and no probation.