Eric J. Dirga, P.A.

A Florida Trial Attorney

Criminal Record Expungements/Sealings, Traffic Defense.

733 West Colonial Drive, Orlando 32801 - 407-841-5555

Florida Criminal Mischief Defense

Criminal mischief can be found in s. 806.13 of the Florida Statutes. 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. The level of the offense depends on the amount of damage.

  • $200 or less is a Second Degree Misdemeanor.
  • $200.01 to $999.99 is a First Degree Misdemeanor.
  • 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 Third Degree Felony.

We have been doing this for a long time...

I practice strictly criminal law. I have been doing so since 1995. My staff and I will vigorously defend your case and keep you informed of all new developments. We do not rest until your case has been resolved and we do not avoid trials. I practice criminal trial law and criminal appellate law. I know the law and the defenses that apply to your case. I have studied the law and constantly stay abreast of all new legal cases that may help my clients (See my Law Blog for Attorneys). This is what I do and I want your good word of mouth when your case is resolved.

Multiple Criminal Mischief Convictions Add Up

Criminal mischief is also an offense that cumulates, meaning if a person has one or more previous convictions for criminal mischief the new offense will be reclassified as a felony of the third degree regardless of the amount of damage.

Houses of Worship Have Special Protections

Places of worship have special protections. Damage to any church, synagogue, mosque, or other place of worship, or any religious article contained therein, if the damage to the property is greater than $200 commits a Third Degree Felony.

Damaging Public Telephones

Anyone who 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 Third Degree Felony.

Separate Victims Amounts Can Be Added Together

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.

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Important Cases Involving Criminal Mischief
Marrero v. State, 36 Fla. L. Weekly S199 (Fla. May 5, 2011) - No "life experience" exception to valuation of property for criminal mischief.

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