What Is Considered “Criminal Mischief” in Florida?

Everyone knows that taking another person’s property without their consent is criminal theft. But what if someone intentionally damages another person’s property without taking it? Under Florida law, that falls under the category of “criminal mischief.”

More precisely, criminal mischief occurs when a person “willfully and maliciously injures or damages by any means any real or personal property belonging to another.” The most common examples of criminal mischief are graffiti and vandalism. The law can also cover incidents where a person simply attacks someone else’s property out of rage or anger.

86-Year-Old Man Convicted Following “Road Rage” Incident Involving Golf Club

A recent case from the Florida Third District Court of Appeal, Silva v. State, offers a real-world example of criminal mischief. The defendant in this case is an 86-year-old Florida resident. One day, the defendant dropped his wife off in front of a restaurant. He then went looking for a parking space. In doing so, he changed lanes abruptly and cut off another driver, a 70-year-old man.

The other man then pursued the defendant. After the defendant parked his car, he made an obscene gesture at the passenger in the other man’s vehicle. Things escalated further. Eventually, the defendant took a golf club from the trunk of his car and started swinging it at the other man. The golf club struck the other man’s car several times.

Police subsequently arrested the defendant and charged him with criminal mischief. The defendant waived his right to a jury trial and the case was heard by a judge. The judge found the defendant guilty.

On appeal, the defendant challenged the sufficiency of the evidence supporting his conviction. The Third District rejected that argument and upheld the conviction. The case centered on “intent,” the appellate court explained. Criminal mischief requires proof that the defendant “intentionally, knowingly, and purposely” damaged the victim’s property. Here, the fact the defendant struck the other man’s car multiple times suggested the defendant acted with such intent and purpose.

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Criminal mischief is a misdemeanor in Florida, as long as the damage to the victim’s property does not exceed $1,000. At or above that amount, criminal mischief becomes a felony. So if a person does serious damage, they could face multiple years in state prison. Even a misdemeanor conviction carries the possibility of up to one year in jail. Additionally, if the defendant has a prior conviction for criminal mischief, a subsequent offense can be charged as a felony, regardless of the actual amount of property damage.

So you should never take allegations of criminal mischief–or any other charge involving an alleged property crime–lightly. You must be prepared to defend yourself in court. Speaking with an experienced Miami criminal defense attorney is a crucial first step. If you need to speak with a lawyer, call the Asilia Law Firm in Miami today at (786) 420-3014 to schedule an initial consultation with a member of our team.

Source:

3dca.flcourts.gov/content/download/2434079/opinion/Opinion_2022-2140.pdf