| Florida Criminal Mischief Offenses |
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LAW FIRM, P.L.
Attorney at Law
LAW FIRM, P.L.
Attorney at Law
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Orlando Florida Criminal Lawyer - Criminal Mischief:
Criminal mischief cases involve allegations of damage to property of others.
The penalties for this crime can vary greatly depending on the amount and
type of damage, as well as the cost to repair or replace the damaged item.
If you have been arrested for criminal mischief, you should speak with an
experienced criminal defense attorney at your earliest opportunity to learn
about your rights and the defenses that may be available to you.
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive..
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following section of this page provides some information regarding criminal mischief offenses:
Criminal Mischief is a violation of Florida Statute 806.13 which essentially states that a person commits the
offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or
personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of
vandalism thereto.
Generally speaking:
If the damage to the property is $200 or less it is a 2nd Degree Misdemeanor punishable by up to 60 days in the
county jail.
If the damage to the property is greater than $200 but less than $1,000 it is a 1st Degree Misdemeanor punishable
by up to 1 year in the county jail.
If the damage to the property is $1,000 or more it is a 3rd Degree Felony punishable by up to 5 years in State Prison.
Certain factors can increase the level of offense though, such as the type of property or if the individual had a prior
conviction for this offense. Other penalties that may apply as well are fines, community service hours, programs or
classes, and restitution in addition to court costs and probation costs. Depending on the allegations and facts of the
case, a minor may also face the loss of driving privileges as well under this Statute.
The following Florida Stature provides more information about criminal mischief.
Florida Statute 806.13 - Criminal mischief; penalties; penalty for minor.
(1)(a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by
any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti
thereon or other acts of vandalism thereto.
(b)1. If the damage to such property is $200 or less, it is a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
2. If the damage to such property is greater than $200 but less than $1,000, it is a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
3. If the damage is $1,000 or greater, or if there is interruption or impairment of a business operation or public
communication, transportation, supply of water, gas or power, or other public service which costs $1,000 or more in
labor and supplies to restore, it is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
4. If the person has one or more previous convictions for violating this subsection, the offense under subparagraph
1. or subparagraph 2. for which the person is charged shall be reclassified as a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) Any person who willfully and maliciously defaces, injures, or damages by any means any church, synagogue,
mosque, or other place of worship, or any religious article contained therein, commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the damage to the property is greater than $200.
(3) Whoever, without the consent of the owner thereof, willfully destroys or substantially damages any public
telephone, or telephone cables, wires, fixtures, antennas, amplifiers, or any other apparatus, equipment, or
appliances, which destruction or damage renders a public telephone inoperative or which opens the body of a public
telephone, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084;
provided, however, that a conspicuous notice of the provisions of this subsection and the penalties provided is
posted on or near the destroyed or damaged instrument and visible to the public at the time of the commission of the
offense.
(4) Any person who willfully and maliciously defaces, injures, or damages by any means a sexually violent predator
detention or commitment facility, as defined in part V of chapter 394, or any property contained therein, commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the damage to property
is greater than $200.
(5)(a) The amounts of value of damage to property owned by separate persons, if the property was damaged during
one scheme or course of conduct, may be aggregated in determining the grade of the offense under this section.
(b) Any person who violates this section may, in addition to any other criminal penalty, be required to pay for the
damages caused by such offense.
(6)(a) Any person who violates this section when the violation is related to the placement of graffiti shall, in addition
to any other criminal penalty, be required to pay a fine of:
1. Not less than $250 for a first conviction.
2. Not less than $500 for a second conviction.
3. Not less than $1,000 for a third or subsequent conviction.
(b) Any person convicted under this section when the offense is related to the placement of graffiti shall, in addition
to any other criminal penalty, be required to perform at least 40 hours of community service and, if possible, perform
at least 100 hours of community service that involves the removal of graffiti.
(c) If a minor commits a delinquent act prohibited under paragraph (a), the parent or legal guardian of the minor is
liable along with the minor for payment of the fine. The court may decline to order a person to pay a fine under
paragraph (a) if the court finds that the person is indigent and does not have the ability to pay the fine or if the court
finds that the person does not have the ability to pay the fine whether or not the person is indigent.
(7) In addition to any other penalty provided by law, if a minor is found to have committed a delinquent act under this
section for placing graffiti on any public property or private property, and:
(a) The minor is eligible by reason of age for a driver’s license or driving privilege, the court shall direct the
Department of Highway Safety and Motor Vehicles to revoke or withhold issuance of the minor’s driver’s license or
driving privilege for not more than 1 year.
(b) The minor’s driver’s license or driving privilege is under suspension or revocation for any reason, the court shall
direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an
additional period of not more than 1 year.
(c) The minor is ineligible by reason of age for a driver’s license or driving privilege, the court shall direct the
Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver’s license or driving
privilege for not more than 1 year after the date on which he or she would otherwise have become eligible.
(8) A minor whose driver’s license or driving privilege is revoked, suspended, or withheld under subsection (7) may
elect to reduce the period of revocation, suspension, or withholding by performing community service at the rate of 1
day for each hour of community service performed. In addition, if the court determines that due to a family hardship,
the minor’s driver’s license or driving privilege is necessary for employment or medical purposes of the minor or a
member of the minor’s family, the court shall order the minor to perform community service and reduce the period of
revocation, suspension, or withholding at the rate of 1 day for each hour of community service performed. As used in
this subsection, the term “community service” means cleaning graffiti from public property.
(9) Because of the difficulty of confronting the blight of graffiti, it is the intent of the Legislature that municipalities and
counties not be preempted by state law from establishing ordinances that prohibit the marking of graffiti or other
graffiti-related offenses. Furthermore, as related to graffiti, such municipalities and counties are not preempted by
state law from establishing higher penalties than those provided by state law and mandatory penalties when state
law provides discretionary penalties. Such higher and mandatory penalties include fines that do not exceed the
amount specified in ss. 125.69 and 162.21, community service, restitution, and forfeiture. Upon a finding that a
juvenile has violated a graffiti-related ordinance, a court acting under chapter 985 may not provide a disposition of the
case which is less severe than any mandatory penalty prescribed by municipal or county ordinance for such violation.
_________________________________________________
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
Criminal mischief cases involve allegations of damage to property of others.
The penalties for this crime can vary greatly depending on the amount and
type of damage, as well as the cost to repair or replace the damaged item.
If you have been arrested for criminal mischief, you should speak with an
experienced criminal defense attorney at your earliest opportunity to learn
about your rights and the defenses that may be available to you.
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive..
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following section of this page provides some information regarding criminal mischief offenses:
Criminal Mischief is a violation of Florida Statute 806.13 which essentially states that a person commits the
offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or
personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of
vandalism thereto.
Generally speaking:
If the damage to the property is $200 or less it is a 2nd Degree Misdemeanor punishable by up to 60 days in the
county jail.
If the damage to the property is greater than $200 but less than $1,000 it is a 1st Degree Misdemeanor punishable
by up to 1 year in the county jail.
If the damage to the property is $1,000 or more it is a 3rd Degree Felony punishable by up to 5 years in State Prison.
Certain factors can increase the level of offense though, such as the type of property or if the individual had a prior
conviction for this offense. Other penalties that may apply as well are fines, community service hours, programs or
classes, and restitution in addition to court costs and probation costs. Depending on the allegations and facts of the
case, a minor may also face the loss of driving privileges as well under this Statute.
The following Florida Stature provides more information about criminal mischief.
Florida Statute 806.13 - Criminal mischief; penalties; penalty for minor.
(1)(a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by
any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti
thereon or other acts of vandalism thereto.
(b)1. If the damage to such property is $200 or less, it is a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
2. If the damage to such property is greater than $200 but less than $1,000, it is a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
3. If the damage is $1,000 or greater, or if there is interruption or impairment of a business operation or public
communication, transportation, supply of water, gas or power, or other public service which costs $1,000 or more in
labor and supplies to restore, it is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
4. If the person has one or more previous convictions for violating this subsection, the offense under subparagraph
1. or subparagraph 2. for which the person is charged shall be reclassified as a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) Any person who willfully and maliciously defaces, injures, or damages by any means any church, synagogue,
mosque, or other place of worship, or any religious article contained therein, commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the damage to the property is greater than $200.
(3) Whoever, without the consent of the owner thereof, willfully destroys or substantially damages any public
telephone, or telephone cables, wires, fixtures, antennas, amplifiers, or any other apparatus, equipment, or
appliances, which destruction or damage renders a public telephone inoperative or which opens the body of a public
telephone, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084;
provided, however, that a conspicuous notice of the provisions of this subsection and the penalties provided is
posted on or near the destroyed or damaged instrument and visible to the public at the time of the commission of the
offense.
(4) Any person who willfully and maliciously defaces, injures, or damages by any means a sexually violent predator
detention or commitment facility, as defined in part V of chapter 394, or any property contained therein, commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the damage to property
is greater than $200.
(5)(a) The amounts of value of damage to property owned by separate persons, if the property was damaged during
one scheme or course of conduct, may be aggregated in determining the grade of the offense under this section.
(b) Any person who violates this section may, in addition to any other criminal penalty, be required to pay for the
damages caused by such offense.
(6)(a) Any person who violates this section when the violation is related to the placement of graffiti shall, in addition
to any other criminal penalty, be required to pay a fine of:
1. Not less than $250 for a first conviction.
2. Not less than $500 for a second conviction.
3. Not less than $1,000 for a third or subsequent conviction.
(b) Any person convicted under this section when the offense is related to the placement of graffiti shall, in addition
to any other criminal penalty, be required to perform at least 40 hours of community service and, if possible, perform
at least 100 hours of community service that involves the removal of graffiti.
(c) If a minor commits a delinquent act prohibited under paragraph (a), the parent or legal guardian of the minor is
liable along with the minor for payment of the fine. The court may decline to order a person to pay a fine under
paragraph (a) if the court finds that the person is indigent and does not have the ability to pay the fine or if the court
finds that the person does not have the ability to pay the fine whether or not the person is indigent.
(7) In addition to any other penalty provided by law, if a minor is found to have committed a delinquent act under this
section for placing graffiti on any public property or private property, and:
(a) The minor is eligible by reason of age for a driver’s license or driving privilege, the court shall direct the
Department of Highway Safety and Motor Vehicles to revoke or withhold issuance of the minor’s driver’s license or
driving privilege for not more than 1 year.
(b) The minor’s driver’s license or driving privilege is under suspension or revocation for any reason, the court shall
direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an
additional period of not more than 1 year.
(c) The minor is ineligible by reason of age for a driver’s license or driving privilege, the court shall direct the
Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver’s license or driving
privilege for not more than 1 year after the date on which he or she would otherwise have become eligible.
(8) A minor whose driver’s license or driving privilege is revoked, suspended, or withheld under subsection (7) may
elect to reduce the period of revocation, suspension, or withholding by performing community service at the rate of 1
day for each hour of community service performed. In addition, if the court determines that due to a family hardship,
the minor’s driver’s license or driving privilege is necessary for employment or medical purposes of the minor or a
member of the minor’s family, the court shall order the minor to perform community service and reduce the period of
revocation, suspension, or withholding at the rate of 1 day for each hour of community service performed. As used in
this subsection, the term “community service” means cleaning graffiti from public property.
(9) Because of the difficulty of confronting the blight of graffiti, it is the intent of the Legislature that municipalities and
counties not be preempted by state law from establishing ordinances that prohibit the marking of graffiti or other
graffiti-related offenses. Furthermore, as related to graffiti, such municipalities and counties are not preempted by
state law from establishing higher penalties than those provided by state law and mandatory penalties when state
law provides discretionary penalties. Such higher and mandatory penalties include fines that do not exceed the
amount specified in ss. 125.69 and 162.21, community service, restitution, and forfeiture. Upon a finding that a
juvenile has violated a graffiti-related ordinance, a court acting under chapter 985 may not provide a disposition of the
case which is less severe than any mandatory penalty prescribed by municipal or county ordinance for such violation.
_________________________________________________
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
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