Criminal Mischief is a property crime that can be a felony or a misdemeanor in Florida. Our Jacksonville Criminal Defense Law Firm has represented many people charged with mischief. People are often arrested for this crime while arguing with someone else. The argument gets out of hand and property is damaged out of anger. Whether it is a broken window or a broken cell phone, no matter the value, if property is damaged, you can be arrested for criminal mischief.
A criminal mischief is committed when someone willfully and maliciously damages, in any way, a victim’s real or personal property. The damage cannot be caused by "accident". The damage has to be caused intentionally and wrongfully. If the damage caused is $200.00 or less, the criminal mischief is considered a second degree misdemeanor punishable by up to 60 days in jail. If the damage is valued at over $200.00, but less than $1000.00, the criminal mischief is considered a first degree misdemeanor punishable by up to a year in jail. If the damage is $1000.00 or over, the crime can be prosecuted as a felony in Florida.
Criminal mischief is a crime that can be elevated or increased based on your prior convictions. It means that if you have been convicted of a misdemeanor criminal mischief in your past and are now facing another mischief charge, the state attorney can file the misdemeanor as a felony in Florida. Whether or not to "up-charge" is at the discretion of the prosecutor involved in your case.
Call our Jacksonville Criminal Mischief Attorney today for a Free Consultation at (904) 365-5200.