Is criminal mischief the same as vandalism in Florida?

Yes. In Florida, “criminal mischief” is the legal term used for vandalism or property damage. It generally involves willfully and maliciously damaging someone else’s real or personal property under Florida Statute § 806.13.

Is criminal mischief a misdemeanor or a felony in Florida?

It depends on the amount of damage and certain aggravating factors. Lower damage amounts are typically charged as misdemeanors, while damage of $1,000 or more is commonly charged as a third-degree felony. In some situations, criminal mischief can be charged as a felony regardless of the dollar amount, such as when protected property is involved or there are qualifying prior convictions.

Can you go to jail for misdemeanor criminal mischief in Florida?

Yes. Even misdemeanor criminal mischief can lead to jail, probation, fines, and restitution. The potential jail exposure depends on whether the charge is a second-degree misdemeanor or a first-degree misdemeanor and on the specific facts of the case.

Can a felony criminal mischief charge be reduced in Florida?

Often, yes. A lawyer may challenge the State’s proof of intent and the alleged value of the damage. If the damage amount or other felony qualifiers cannot be proven beyond a reasonable doubt, the charge may be reduced to a misdemeanor or dismissed depending on the evidence.

You are here: Home > Property Crimes > Criminal Mischief (Vandalism) in Florida: Charges, Penalties & Defenses

🧱 Criminal Mischief (Vandalism) in Florida: Charges, Penalties & Defenses

Q: Is criminal mischief eligible for record sealing or expungement in Florida?

A conviction is not eligible for sealing or expungement. However, if the case is dismissed or resolved without a conviction—such as with a qualifying withhold of adjudication—you may be eligible to pursue record sealing or expungement depending on your full record and the disposition.

Last updated March 2026

Keyed a car. Smashed a window. Spray-painted a wall.

In Florida, these acts fall under criminal mischief — often called vandalism — and they can lead to serious criminal charges, even when the damage seems minor.

Depending on the amount of damage, the type of property involved, and your prior record, criminal mischief may be charged as a misdemeanor or a felony. In some cases, felony charges apply regardless of the dollar amount.

If you’re facing a vandalism or property damage charge in Fort Lauderdale or Broward County, understanding how Florida law treats criminal mischief is critical.

For an overview of how burglary, trespassing, and property damage charges are handled together, see our Property Crimes Defense guide.

Many criminal mischief cases involve specific fact patterns — from minor damage to disputes over evidence — which we break down in more detail below.

⚖️ What Is Criminal Mischief Under Florida Law?

Criminal mischief is prosecuted under Florida Statute § 806.13, which covers both misdemeanor and felony property damages. It defines criminal mischief as:

Willfully and maliciously injuring or damaging, by any means, any real or personal property belonging to another.

Criminal mischief can include conduct such as:

Vandalism or graffiti
Breaking windows or doors
Slashing tires
Damaging vehicles
Defacing buildings or public property
Destroying fences, locks, or fixtures

The key elements prosecutors must prove are willful conduct and malicious intent. Accidental damage does not qualify.

Learn more: Is breaking a window a crime in Florida?

📊 Misdemeanor vs. Felony Criminal Mischief in Florida

The value of the damage is the primary factor that determines whether criminal mischief is charged as a misdemeanor or a felony.

Criminal Mischief Penalty Thresholds

Amount of Damage	Charge Level	Maximum Penalty
$200 or less	Second-degree misdemeanor	Up to 60 days jail + $500 fine
$201 – $999	First-degree misdemeanor	Up to 1 year jail + $1,000 fine
$1,000 or more	Third-degree felony	Up to 5 years prison + $5,000 fine

Even misdemeanor vandalism charges can result in jail, probation, restitution, and a permanent criminal record. For a closer look at lower-level cases, see when criminal mischief is treated as a misdemeanor in Florida.

Criminal mischief is one of several non-violent property offenses prosecuted in Florida.

If you’ve been accused of property damage in Florida, early action can make a difference.

🚨 When Criminal Mischief Is a Felony Regardless of Damage Amount

Florida law allows felony criminal mischief charges even when the dollar amount is low if certain aggravating factors apply.

Criminal mischief may be charged as a felony if:

The property damaged was a place of worship
The damage interrupted public services, such as utilities or emergency response
The vandalism targeted public communication systems (telephone, cable, or similar infrastructure)
The accused has prior criminal mischief convictions

Example:
Graffiti on a church wall — even causing minimal damage — can still result in a felony charge.

Graffiti cases are a common example of how small damage can still lead to serious charges — see how graffiti is prosecuted under Florida law.

Vehicle-related damage is especially common — see how car keying cases are charged in Florida.

💰 Restitution in Criminal Mischief Cases

In addition to jail or probation, courts often order restitution for the alleged damage. Restitution may include:

Repair costs
Replacement value
Labor expenses
Administrative fees

Disputes over valuation often determine whether a case remains a misdemeanor or becomes a felony.

For a deeper breakdown, see how restitution works in Florida criminal mischief cases.

🧠 Do Prosecutors Have to Prove Intent?

Yes. Criminal mischief is not a strict-liability offense.

The State must prove the damage was done willfully and maliciously, not by accident or negligence.

Prosecutors often try to establish intent using:

Surveillance or body-camera footage
Witness statements
Social media posts or messages
Prior disputes with the property owner

If intent cannot be proven beyond a reasonable doubt, the charge may fail.

In many cases, this comes down to how evidence is interpreted — especially video — see how video evidence is used and challenged in these cases.

🛡️ Common Defenses to Criminal Mischief Charges

Every case is different, but effective defenses to vandalism and property damage charges often include:

Lack of intent (accidental or reckless conduct, not willful damage)
Disputed ownership or consent (shared property, landlord-tenant disputes, domestic conflicts)
False or exaggerated allegations during neighbor or family disputes
Valuation challenges to reduce a felony to a misdemeanor
Identification issues, including weak eyewitness testimony

In many cases, early legal intervention can prevent overcharging or lead to dismissal.

In some situations, whether property damage charges be dropped depends on the strength of the evidence and proof of intent.

These issues frequently arise in relationship-based cases — see criminal mischief during domestic disputes.

🚨 What To Do If You’re Accused of Property Damage

An accusation of property damage can escalate quickly — especially when the alleged victim provides photos, repair estimates, or text messages to law enforcement. Many criminal mischief cases are built on informal evidence gathered in the heat of a dispute.

What you do in the first hours or days after an accusation can significantly affect whether the case is filed as a misdemeanor, elevated to a felony, or resolved early.

1️⃣ Do Not Admit Fault in Writing

Text messages, direct messages, emails, and social media posts are frequently used to prove both identity and intent. Even statements like:

“I didn’t mean to.”
“I’ll pay for it.”
“It wasn’t that bad.”

can be used to argue that the act was willful and malicious.

Avoid discussing the incident electronically or with the alleged victim once you know accusations are being made.

2️⃣ Preserve Your Own Evidence

Property damage cases often become one-sided investigations. Protect yourself by preserving:

Your full text and call history
Photos or videos from your phone
Location data or timestamps
Names of witnesses present
Any evidence showing pre-existing damage

Early documentation can weaken inflated repair claims or exaggerated narratives.

3️⃣ Do Not Accept an Inflated Damage Estimate

The value of the alleged damage determines whether criminal mischief is charged as a misdemeanor or felony. Repair estimates may:

Bundle unrelated damage
Include cosmetic upgrades
Overstate labor costs
Fail to distinguish between old and new damage

Do not agree to a dollar amount without independent verification. Valuation disputes are often the difference between a misdemeanor and a third-degree felony.

4️⃣ Avoid Escalating Contact

Many criminal mischief allegations arise from:

Domestic disputes
Breakups
Neighbor conflicts
Landlord-tenant disagreements

Continued communication can lead to additional allegations, including harassment or witness tampering claims. Once an accusation surfaces, keep communication minimal and legally appropriate.

5️⃣ Speak With a Defense Lawyer Before Speaking to Police

You are not required to provide a statement to law enforcement. Statements given “to clear things up” often provide prosecutors with the intent evidence they need to file charges.

Because criminal mischief requires proof that the damage was done willfully and maliciously, your words can become the State’s strongest evidence.

Early legal guidance can:

Prevent overcharging
Challenge inflated valuations
Preserve diversion eligibility
Position the case for dismissal

If you have been accused of property damage in Fort Lauderdale or anywhere in Broward County, taking action early can significantly improve the outcome.

✅ Can Criminal Mischief Be Resolved Through Diversion?

In first-time or low-damage cases, prosecutors may offer:

Pretrial diversion
Deferred prosecution
Restitution-based resolution

Successful completion may result in dismissal.

🧱 Criminal Mischief vs. Burglary or Trespass

Not all property crimes are treated the same under Florida law.

Criminal mischief involves damage to property
Trespass involves unlawful entry without intent to commit another crime
Burglary involves entry with intent to commit an offense inside

Misclassification happens often. Conduct that supports criminal mischief does not automatically justify burglary charges.

👨‍⚖️ Criminal Mischief Defense Lawyer in Fort Lauderdale

At Michael White, P.A., we defend clients accused of vandalism, property damage, and criminal mischief throughout Fort Lauderdale and Broward County.

As a former prosecutor, Michael White understands how these cases are charged — and how prosecutors attempt to inflate misdemeanor conduct into felony exposure. We fight for:

Charge reductions
Dismissals
Diversion programs
Civil resolutions when appropriate

📞 Call (954) 270-0769 or request a free consultation before speaking with law enforcement.

🔎 Common Criminal Mischief Scenarios in Florida

Criminal mischief charges can arise in a wide range of situations. For more detailed breakdowns of how these cases are charged and defended, see:

🔍 Frequently Asked Questions About Criminal Mischief in Florida

Is criminal mischief the same as vandalism?
Yes. “Criminal mischief” is the legal term Florida uses for vandalism and property damage offenses.

Can you go to jail for misdemeanor criminal mischief?
Yes. Even misdemeanor vandalism can result in jail, probation, fines, and restitution.

Can a felony criminal mischief charge be reduced?
Often, yes. Challenging the valuation of damage or the alleged intent may reduce a felony to a misdemeanor or result in dismissal.

Is criminal mischief eligible for record sealing or expungement?
Convictions are not eligible. However, dismissed cases or those resolved with a withhold of adjudication may qualify.