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Criminal mischief is the willful and malicious damaging of another person’s property, including, but not limited to, acts of graffiti and other acts of vandalism. The term property includes both real property and personal property.
Penalties for Criminal Mischief
Depending on the circumstances of the case, criminal mischief in Florida can be charged as either a misdemeanor or a felony. According to Florida Statutes § 806.13…
  • If the damage to property is $200 or less, criminal mischief is a 2nd degree misdemeanor punishable by up to 60 days in county jail, up to 6 months of reporting probation, and/or up to $500 in fines
  • If the damage to property is more than $200 but less than $1,000, criminal mischief is a 1st degree misdemeanor punishable by up to 1 year in county jail, 1 year of reporting probation, and/or up to $1,000 in fines.
  • If the damage to property is over $1,000, the offense of criminal mischief becomes a 3rd degree felony punishable by up to 5 years in state prison, 5 years of reporting probation, and/or up to $5,000 in fines.
Criminal mischief is commonly seen in conjunction with other crimes. For example, during the course of a burglary, it is common for a fence, door, or window to be damaged in order to gain access to the property to be stolen. The act of damaging that property can be charged as criminal mischief.
We Can Help
Pensky & Kim are Miami criminal mischief attorneys serving clients in Miami-Dade, Broward, Palm Beach, and throughout the rest of Florida. Contact us at 305-571-9800 or toll free at 888-533-5171 for a FREE consultation and to learn more about how our Miami criminal mischief lawyers can help you. We are available 24/7.