Thank you for asking me “What is Criminal Mischief in FL?”
The crime of Criminal Mischief is found at Florida Statute 806.13 and is committed when a person “willfully and maliciously” damages the property of another person.
Criminal Mischief gets categorized based upon the amount of damage caused. If the damage is less than $200 then the crime is a 2nd degree misdemeanor (which is punishable by up to 60 days in jail); if the damage is in between $200 and $999 then the crime is a 1st degree misdemeanor (which is punishable by up to 364 days in jail); and if the damage is more than $1,000 then the crime is a 3rd degree felony (which is punishable by up to 5 years in state prison).
Willfully means “intentionally, knowingly and purposefully”, so if the property was damaged unintentionally during another criminal act then a conviction for criminal mischief will not stand.
So, for example, if you throw a rock at me but, because you happen to have lousy aim you miss, and instead you break a window behind me, then you have not committed malicious mischief. You may have committed an aggravated assault but it’s not malicious mischief. Why? Because malicious mischief is a specific intent crime, in this example your intent was to hit me, not the window, and your criminal intent cannot be transferred from me and to a window that you accidentally struck and broke.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
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Cellular Phone / Text: 305-798-2220
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