Florida Statute §806.13 | Classification: Second-Degree Misdemeanor to Third-Degree Felony (based on damage amount)
What Is This Charge?
Criminal mischief in Florida is the willful and malicious injury or damage to real or personal property belonging to another person. This includes vandalism, graffiti, broken windows, keying a car, and any other intentional destruction of property.
Penalties & Fines
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Damage under $200: Second-Degree Misdemeanor — up to 60 days jail, $500 fine
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Damage $200–$999.99: First-Degree Misdemeanor — up to 1 year jail, $1,000 fine
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Damage $1,000 or more: Third-Degree Felony — up to 5 years, $5,000 fine
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Enhanced penalties if damage was done to a church, school, or public transit vehicle
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Hate crime motivation results in reclassification to the next higher degree
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Restitution to the victim is typically ordered in addition to criminal penalties
Additional Consequences
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Permanent criminal record
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Civil liability to the property owner
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Community service may be ordered
Possible Defenses
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The damage was accidental, not willful or malicious
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You had permission to alter or remove the property
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The property belonged to you, not another person
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Mistaken identity — you were not the person who caused the damage
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The damage amount has been overstated or improperly calculated
Why You Need a Defense Attorney
Damage valuations in criminal mischief cases are frequently disputed and can determine whether you face a misdemeanor or a felony. An attorney can challenge the valuation methodology, present evidence of lack of intent, and explore diversion options for first-time offenders that may result in the charge being dismissed.
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