Keyed a car, spray-painted a wall, or broke a window? In Florida, these acts may seem minor—but they can lead to serious criminal charges. Depending on the circumstances and amount of damage, criminal mischief can be charged as a felony.
Here’s what you need to know about the law, penalties, and when damage turns into a felony-level offense.
⚖️ What Is Criminal Mischief Under Florida Law?
Under Florida Statute § 806.13, criminal mischief is defined as:
“Willfully and maliciously injuring or damaging, by any means, any real or personal property belonging to another.”
This can include:
Vandalism or graffiti
Smashing windows
Slashing tires
Breaking locks
Defacing public property
📊 Misdemeanor vs. Felony Criminal Mischief
The value of the damage determines whether the charge is a misdemeanor or felony.
| Damage Amount | Charge | Max Penalty |
|---|---|---|
| $200 or less | 2nd-degree misdemeanor | 60 days jail + $500 fine |
| $201 – $999 | 1st-degree misdemeanor | 1 year jail + $1,000 fine |
| $1,000 or more | 3rd-degree felony | 5 years prison + $5,000 fine |
🚨 When Else Can It Be a Felony?
In Florida, criminal mischief can also be a felony regardless of the dollar amount if:
The property was a place of worship
The damage interrupted public services (e.g., utilities, emergency response)
You have prior convictions for criminal mischief
The vandalism targeted a public telephone, cable, or communications system
🔥 Graffiti on a church wall—even if it causes only $100 in damage—can still be a felony.
🧠 Do Prosecutors Have to Prove Intent?
Yes. Prosecutors must prove that the act was done willfully and maliciously, not by accident or mistake.
That said, intent can be inferred from:
Surveillance footage
Texts or social posts
Witness testimony
Past history with the victim
🛡️ How a Lawyer Can Defend Criminal Mischief Charges
At Michael White, P.A., we defend people accused of vandalism, property damage, and criminal mischief—especially when the facts are exaggerated or overcharged.
We may argue:
Lack of intent
Disputed or shared ownership of the property
False allegations during domestic or neighbor disputes
Challenge of valuation (to reduce a felony to a misdemeanor)
👨⚖️ Fort Lauderdale Property Crimes Defense Attorney
Don’t let a split-second mistake turn into a felony conviction. At Michael White, P.A., we fight for reduced charges, civil resolution, or outright dismissal—especially when you’re facing jail time over a property dispute.
🔍 More Answers About Criminal Mischief Felony Charges in Florida
❓ What is criminal mischief in Florida?
It means willfully damaging someone else’s property—whether it’s a vehicle, building, or personal item.
❓ Is criminal mischief a felony or misdemeanor?
It depends on the value of the damage and whether special conditions (like place of worship or prior convictions) apply.
❓ Can I go to jail for criminal mischief?
Yes. Jail is possible even for a misdemeanor, and felony charges carry up to 5 years in prison.
❓ What if the damage was accidental?
Intent is a required element. If the act wasn’t willful or malicious, you may have a valid defense.
❓ Can a felony criminal mischief charge be reduced?
Yes. A lawyer may challenge the valuation or intent to reduce the charge or seek dismissal.