What does it mean to be charged with mischief?

If you have been charged with criminal mischief, you are probably worried about the consequences that could follow a conviction. Depending on the severity of the crime, this offense can be charged as either a misdemeanor or a felony, carrying huge fines and time spent in jail or prison. Sarasota property crimes lawyer Erika Valcarcel realizes how devastating this charge can be. With experience as both a prosecutor and a defender, she can anticipate the prosecution’s strategy in order to craft a winning defense. Whether it involves pointing out police misconduct or launching an independent investigation, she will work tirelessly to get your charges reduced or dismissed.

Call (941) 363-7900 today to see how you can avoid spending time behind bars.

Understanding Criminal Mischief

Like arson, criminal mischief is a property crime, one that involves intent and destruction. According to Section 806.13 of Florida Statutes, criminal mischief is defined as the willful and malicious destruction or damaging of property that belongs to another individual. Common examples of damage to property include graffiti, vandalism, breakage, defacement, and any other act that negatively alters the property’s original state. In order to reach a conviction, the prosecution must prove the following three elements beyond a reasonable doubt:

• The accused damaged or destroyed the property
• The alleged victim is the owner of the property in question
• The supposed damage was malicious and willful

With criminal mischief, the intent required to reach a conviction is “general” rather than “specific”. This means that the prosecution is only required to show that the act was done with will, not that the person specifically intended to damage the property. The state is also required to prove that the act of violence was directed at the property rather than the property owner.

Penalties and Collateral Consequences

The severity of the penalties assigned once a conviction is reached depends on the amount of damage done to the property. Less than $200 of damage, between $200 and $1,000 in damage, and more than $1,000 in damage will result in a second degree misdemeanor, a first degree misdemeanor, and a third degree felony, respectively. The penalties for criminal mischief include, but are not limited to:

• Second Degree Misdemeanor: Up to 60 days in jail
• First Degree Misdemeanor: Up to 1 year in jail
• Third Degree Felony: Up to 5 years in prison

In addition to facing potential jail time, those convicted will likely face probationary sentences. During probation, you may be ordered to make restitution for any damage caused.

There are also collateral consequences of having a criminal record. Finding a job once you are released, for example, might be extremely difficult. Most employers shy away from hiring those with criminal records. Your attempts to further your education might also be stifled, as most colleges and universities vet applicants before admitting them. What’s more, many scholarships are off-limits to those with conviction histories.

Call Erika Valcarcel, Criminal Defense Lawyer, P.A. Today

With the help of an experienced lawyer, it may be possible to get your charged thrown out in court. One of the most effective defenses in criminal mischief cases is proving that the damage was preexisting. While you may have made contact with the property, you might not have actually caused any visible or significant injury. It might also be the case that the damage was purely accidental. There may have been events that caused you to inadvertently make contact with another’s property.

A criminal mischief charge can have a negative impact on every aspect of your life. From ruined educational opportunities to altered relationships, there is no area left unaffected. At Erika Valcarcel, Criminal Defense Lawyer, P.A., Sarasota property crimes lawyer Erika Valcarcel understands the turmoil that can arise in these situations. She believes the most effective defense comes from listening to your side of the story. Once all of the details have been gathered, your case can be presented in the best possible light.

Call (941) 363-7900 to see how your rights and your freedom can be protected.

Posted on July 25, 2022

Most jurisdictions say that you commit the crime of criminal mischief if you intentionally damage the property of another person or entity (for example, a business or city). The offense is sometimes referred to as “vandalism” or “malicious mischief.”

Examples of criminal mischief include:

• defacing library books,
• tampering with the brakes of someone’s car, and
• writing your name in wet cement on a city sidewalk.

The criminal offense can be charged as a misdemeanor or a felony. The specific penalties will often depend on the dollar value of the property damage that was done.

1. What are criminal mischief cases?

The criminal laws of most states say that you would face a charge of criminal mischief if you intentionally damaged property.1

For purposes of this crime, “property” includes tangible property, and it involves both:

• personal property or private property (for example, a person’s fence), and
• public property (for example, a bench owned by a city).

Note that this crime also applies to property that you own jointly with another person. This means that a husband or wife can be convicted of damaging his/her own property if the

• defaced,
• damaged, or
• destroyed property belonged to both the husband and wife.2

Consider, for example, the scenario where a husband and wife are arguing during a domestic violence altercation. During the argument, the husband throws several pieces of their fine china to the ground, breaking them. The husband could face criminal mischief charges provided that both the husband and wife owned the property.

2. What are the penalties?

The penalties for criminal mischief will often depend on the monetary amount of damage that was done to the property.

For example, some jurisdictions charge the crime as a misdemeanor offense if you caused property damage in an amount less than $2,000. Here, the punishment could include up to one year in county jail time.3

But the state could bring felony charges if the pecuniary loss in property was $2,000 or more. Depending on the facts of the case, the crime could be punishable by years in state prison.4

3. Does criminal mischief include graffiti?

Most often, yes. One of the most frequently prosecuted malicious mischief crimes is using graffiti.

“Graffiti” means defacing property by means of spray painting. But it can also mean any unauthorized inscription, word, figure or design that is

• marked,
• etched,
• scratched,
• drawn,
• painted on, or
• affixed to another person’s property.5

Give this broad definition, even chalking a sidewalk could be considered graffiti.

As with criminal mischief, the penalties for placing graffiti will often depend on the dollar amount of damage that was done to another’s property.

4. Can a criminal defense lawyer help?

Yes. It is critical to consult with an experienced criminal defense attorney or law firm if you are facing criminal mischief or vandalism charges.

A skilled criminal lawyer can help you raise a legal defense to challenge a mischief charge. A defense could result in an acquittal if it works to prevent a prosecutor from proving a case beyond a reasonable doubt.

Further, if you have a relatively clean record, or are being charged with a first-time offense, a defense attorney can negotiate with a prosecutor to try and get a reduction in charges. For example, maybe a prosecutor would agree to reduce a first-degree criminal mischief charge to third degree mischief (which carries less severe penalties).

Note that most lawyers and law offices provide free consultations. A free consult means that you can receive legal advice at no cost.

Further, your communications with a defense lawyer are protected by the attorney-client relationship. According to this bond, your lawyer cannot disclose your confidences without first obtaining your consent.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

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