Under Florida Statute 806.13, a person commits criminal mischief by willfully and maliciously injuring or damaging real or personal property that belongs to someone else, by any means. The charge usually runs from a second-degree misdemeanor to a third-degree felony, depending mostly on the dollar amount of the damage, and $1,000 or more makes it a felony. A few special forms, listed below, carry higher charges.
What Does Criminal Mischief Mean in Florida
The statute is short. A person commits the offense by willfully and maliciously injuring or damaging, by any means, real or personal property that belongs to another person.
Florida’s standard criminal jury instruction says the State has to prove three things beyond a reasonable doubt:
- The defendant damaged property.
- The property belonged to the person named in the charge.
- The damage was done willfully and maliciously.
The instruction defines “willfully” as intentionally, knowingly and purposely. It defines “maliciously” as acting wrongfully and intentionally, without legal justification or excuse, knowing that injury or damage will or may be caused to another person or their property.
Common examples
Say someone spray-paints a wall that isn’t theirs, breaks a neighbor’s window on purpose, or damages another person’s car. Those fit the definition. They’re illustrations, though, and the statute doesn’t contain a list like this.
It isn’t limited to graffiti
Graffiti and vandalism are included, but the statute covers damage to real or personal property “by any means.” Any method of intentionally damaging someone else’s property can qualify.
What Are the Penalties for Criminal Mischief in Florida
The grade of the offense turns on the amount of damage. The maximums below come from section 806.13(1)(b) and the general penalty statutes, section 775.082 and section 775.083.
| Damage amount | Charge level | Maximum jail or prison | Maximum fine |
|---|---|---|---|
| $200 or less | Second-degree misdemeanor | 60 days in county jail | $500 |
| More than $200, less than $1,000 | First-degree misdemeanor | 1 year in county jail | $1,000 |
| $1,000 or more | Third-degree felony | 5 years | $5,000 |
These are the statutory maximums for vandalism in Florida. They don’t predict what a court would impose in any given case. Florida has no single sentence for “mischief,” so the answer to “how long do you get” depends on the degree charged and the circumstances. And yes, criminal mischief can be a felony. For ordinary criminal mischief that starts at $1,000 in damage, or at an interruption of a business or public service that costs $1,000 or more to restore. The situations below can make it a felony at lower amounts.
Prior convictions
If a person has a previous conviction under section 806.13(1), a new offense that would otherwise be a misdemeanor under that subsection is reclassified as a third-degree felony. The jury instruction says the jury isn’t told about prior convictions while it decides guilt. That fact is decided separately if the defendant is found guilty.
Restitution and combined damage
A person convicted under section 806.13 may be required to pay for the damage, on top of other penalties. If damage to property owned by different people comes from a single scheme or course of conduct, the amounts may be added together to set the grade of the offense.
Graffiti minimums
A graffiti-related conviction carries a fine of at least $250 for a first conviction, $500 for a second, and $1,000 for a third or later one. The court may skip the fine if it finds the person can’t pay. The conviction also requires at least 40 hours of community service and, if possible, at least 100 hours involving graffiti removal.
When Does Criminal Mischief Become a More Serious Charge
Section 806.13 sets higher charges for certain kinds of property and conduct:
- Place of worship or religious article. Damage over $200 to a church, synagogue, mosque or other place of worship, or a religious article, is a third-degree felony.
- Memorial or officially designated historic property. Damage over $200 without the owner’s consent is a third-degree felony, and a conviction requires restitution for the full cost of repair or replacement.
- Detaining, occupying or trespassing on a dwelling or commercial real property. Intentionally causing $1,000 or more in damage while doing so is a second-degree felony, with up to 15 years and a $10,000 fine.
- Sexually violent predator facility. Damage over $200 to the facility or property inside it is a third-degree felony.
- Public telephone equipment. Destroying or substantially damaging it so a public phone is inoperative, or opening its body, is a third-degree felony if the required notice is posted.
- Projecting an image onto another’s property. Doing it knowingly and intentionally without the owner’s written consent is a first-degree misdemeanor. It’s a third-degree felony if the image contains a credible threat.
How Long Can the State Wait to File Charges
A victim can report an incident, but the State decides whether to charge it, and it has deadlines for beginning a prosecution under section 775.15:
- 1 year for a second-degree misdemeanor
- 2 years for a first-degree misdemeanor
- 3 years for a felony other than a first-degree felony, which covers the criminal mischief felonies above
The clock generally starts the day after the offense. It doesn’t run while the person is continuously absent from Florida or has no reasonably ascertainable place to live or work in the state, but that can’t extend the ordinary period by more than 3 years.
Can a Criminal Mischief Charge Be Dropped
The victim reports, but the Broward State Attorney’s Office decides what happens next. After reviewing the evidence, it says it can file a formal charge, decline charges, change the charge, seek a grand jury indictment, or ask for more investigation.
A defendant can’t simply ask for a case to be dropped. Under Rule 3.190, a defendant may move to dismiss where there are no material disputed facts and the undisputed facts don’t establish a prima facie case of guilt. Whether a charge is dropped depends on the facts and the evidence, and no one can promise it.
What Defenses Can Apply to a Criminal Mischief Charge
Each element is something the State has to prove, so disputes can arise over:
- Whether the right person was identified
- Whether the property belonged to someone else
- Whether any damage actually occurred
- Whether the damage was willful and malicious, or an accident
- Whether there was legal justification
The dollar amount can also be contested. The jury instruction has the jury decide the applicable damage bracket, and the relevant amount must be proved beyond a reasonable doubt. So the $200 and $1,000 lines can matter a great deal.
A defendant may also move to suppress evidence or statements allegedly gathered unlawfully. Rule 3.190(g) requires the motion to identify the evidence, the grounds and the supporting facts, and it generally must be filed before trial or by the judge’s deadline. Each of these arguments depends on the evidence in the case, and none of them assures a result.
What Should You Do If You’re Accused of Criminal Mischief
If you’re arrested and still held, Rule 3.130(a) requires that you be taken before a judge within 24 hours, in person or by video. The Broward Clerk says a misdemeanor charge requires a court appearance.
A criminal defense lawyer can review the charge, the damage figure and the evidence before you speak with police. If the property belongs to a family or household member, the case can raise domestic violence issues, which we cover in criminal mischief as a domestic violence charge.
How Criminal Mischief Cases Work in Broward County
- Misdemeanors go to the County Court Criminal Division, whose judges sit at the Central Courthouse and at regional courthouses in Hollywood, Plantation and Deerfield Beach. Confirm your location from your case notice or the Clerk’s record.
- Felonies proceed in Circuit Criminal. The Clerk’s Felony office is in the North Building of the Central Courthouse in downtown Fort Lauderdale.
- First appearance for people held by the Broward Sheriff’s Office is in Room 4155 of the Broward County Courthouse-West Tower, with video links to the jail facilities. Dockets run at 8:30 a.m. and 1:00 p.m. on weekdays, and at 8:30 a.m. only on weekends and court holidays.
- Case search is public at BrowardClerk.org/Web2.
- The State Attorney is Harold F. Pryor. His office decides whether to file, decline or change charges.
- Diversion. The State Attorney’s site lists a Misdemeanor Diversion Program for first-time offenders, supervised by BSO Probation, with eligibility and approval determined at arraignment. Entry isn’t promised.
Cases from anywhere in Broward County follow this process. The main courthouse sits in downtown Fort Lauderdale, a short walk from our office.
Frequently Asked Questions
What is the 33-day rule?
Under Rule 3.134, if you’re in custody the State must file formal charges within 30 days of arrest. If it hasn’t, the court must order release on recognizance on day 33, or day 40 if the State shows good cause. For someone on pretrial release the limit is 60 days, with release from bail conditions on day 63, or up to 30 more days on good cause. The rule doesn’t dismiss the case or limit when an incident can be reported.
How fast is a trial?
Under Rule 3.191(a), trial must generally begin within 90 days for a misdemeanor or 175 days for a felony, counted from formal charging.
Talking to a Lawyer About Your Case
Adam D. Harmelin defends DUI and criminal cases in Broward County from his office in downtown Fort Lauderdale. If you or someone you love is facing a criminal mischief charge, you can call (954) 294-9372.
This article is general information about Florida law, not legal advice about your case.