Last updated November 2025
Being accused of damaging someone else’s property in Florida can lead to serious criminal charges — even if it was a misunderstanding. Whether it’s a scratch on a car, a broken window, or vandalism allegations, Florida law treats property damage as criminal mischief under Florida Statute § 806.13.
Here’s what you need to know about these charges — and how to fight them.
Read more about Property Crimes in general.
🔍 What Is Criminal Mischief in Florida?
Under Florida law, criminal mischief is defined as willfully and maliciously damaging another person’s property. That includes:
- Graffiti or vandalism
- Breaking windows
- Damaging fences, lights, or signs
- Keying a car
- Smashing or destroying personal belongings
Even minor damage can result in a criminal charge — and penalties escalate quickly.
⚖️ Misdemeanor vs. Felony Property Damage
The severity of the charge depends on the amount of damage and the type of property involved:
| Damage Amount or Type of Property | Charge Type | Maximum Penalty |
|---|---|---|
| Less than $200 | 2nd-degree misdemeanor | 60 days jail + $500 fine |
| $200–$999 | 1st-degree misdemeanor | 1 year jail + $1,000 fine |
| $1,000+ OR interruption of public service | 3rd-degree felony | 5 years prison + $5,000 fine |
Special circumstances — like damage to religious institutions, schools, or utilities — can trigger automatic felony charges.
🛡️ Legal Defenses to Property Damage Charges
If you’re accused of property damage in Florida, we may be able to defend your case with arguments like:
- Lack of Intent: Accidents aren’t crimes. The state must prove you acted willfully and maliciously.
- Mistaken Identity: You weren’t the person who did it — especially common with grainy surveillance or multiple people present.
- Ownership Dispute: You damaged property you thought was yours, or you had joint ownership rights.
- No Damage Occurred: The alleged “damage” may be exaggerated or nonexistent.
- False Allegation: Someone is making the claim to gain leverage (e.g., during a breakup or dispute).
👨⚖️ Why You Need a Criminal Defense Attorney
Even a misdemeanor conviction for property damage can follow you for life — showing up on background checks and limiting housing or employment opportunities.
✅ How a Criminal Conviction Affects Employment and Housing in Florida
A seasoned Fort Lauderdale criminal defense attorney can:
- Investigate the facts
- Cross-examine witnesses
- Challenge weak or biased evidence
- Seek dismissal, pretrial diversion, or reduced charges
📍Charged with Property Damage in South Florida?
Don’t risk your freedom or reputation. At Michael White, P.A., we help clients across Fort Lauderdale and South Florida fight back against criminal mischief and property damage charges. As a former prosecutor, Michael White knows the system inside and out — and how to use that experience to protect you.
❓Frequently Asked Questions
Q1: Is property damage always a crime in Florida?
A: Not always. Florida’s criminal mischief law (§ 806.13) requires proof that the damage was willful and malicious. Accidents, misunderstandings, or ownership disputes usually don’t qualify.
Q2: Can I go to jail for accidentally damaging someone’s car?
A: Yes. Even minor damage (under $200) can be charged as a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. If the damage is $200–$999, it becomes a first-degree misdemeanor. Felony charges apply if damages exceed $1,000 or certain property (like schools or utilities) is involved.
Q3: What if there are no witnesses and no video footage?
A: Prosecutors may still try to rely on circumstantial evidence, such as repair estimates, property owner testimony, or assumptions from timing. An experienced attorney can challenge the sufficiency of that evidence and file motions to dismiss.
Q4: What happens if the damage is less than $200?
A: Even minor damage (under $200) can be charged as a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. If the damage is $200–$999, it becomes a first-degree misdemeanor. Felony charges apply if damages exceed $1,000 or certain property (like schools or utilities) is involved.
Q5: Can I be charged for damaging my own property?
A: Generally no. However, disputes often arise in shared or jointly owned property (like marital or business property). In those cases, prosecutors may still allege criminal mischief.