Last updated January 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.
⚖️ What Is Criminal Mischief Under Florida Law?
Florida Statute § 806.13 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.
📊 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.
Criminal mischief is one of several non-violent property offenses prosecuted in Florida.
For an overview of how burglary, trespassing, and property damage charges are handled together, see our Property Crimes Defense guide.
🚨 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.
🧠 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.
🛡️ 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.
🧱 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.
🔍 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.