Broward County Criminal Mischief Lawyer

Strategic Defense for Criminal Mischief Charges in Broward County

A smashed windshield after an argument. Spray paint on a wall that felt harmless at 2 a.m. A door kicked in during a fight at home. Most people arrested for property damage in Broward County never pictured themselves in handcuffs — and now they are wondering whether one bad night is going to sit on their record forever.

That worry is reasonable. Prosecutors in the 17th Judicial Circuit take these cases seriously. But an arrest is not a conviction, and an accusation does not define what happens next.

Our Broward County criminal mischief lawyer can challenge whether the damage was valued correctly, the act was truly willful and malicious, and the case belongs in a courtroom at all. At the Law Offices of Dave L. Simmons, P.A., you work directly with our lawyer, who spent years on the other side of these files.

What Is Criminal Mischief Under Florida Law?

Under Florida Statute 806.13, a person commits criminal mischief by willfully and maliciously injuring or damaging any real or personal property belonging to another, including graffiti and other acts of vandalism. Florida has no separate charge called vandalism. The statute is written broadly enough to cover everything from a teenager with a marker to a felony-level utility outage.

What Does Willfully and Maliciously Mean?

Those two words are crucial to a criminal mischief charge. Willfully means the person acted intentionally, knowingly, and purposely—not simply by accident. Maliciously generally requires wrongful, intentional conduct without legal justification or excuse, with knowledge that injury or property damage will or may result.

That distinction can become an important part of the defense. A driver who accidentally backs into a fence, for example, has caused property damage, but an accident alone does not establish criminal mischief. Likewise, evidence that damage was unintended may raise questions about whether the State can prove the required mental state. Prosecutors must prove beyond a reasonable doubt that the property was damaged willfully and maliciously.

What Types of Property Damage Can Lead to Charges?

The statute applies to real and personal property alike — a building, a car, a phone, a fence. Allegations our Fort Lauderdale office sees include:

• Breaking a window, windshield, or side mirror during an argument
• Keying, denting, or slashing the tires of someone else’s vehicle
• Tagging buildings, fences, or overpasses with paint
• Punching holes in drywall or kicking in a door at someone else’s home 
• Destroying a former partner’s phone, laptop, or personal belongings
• Damaging a landlord’s fixtures, appliances, or flooring

When alleged property damage occurs during a dispute between family or household members, the legal problems may extend beyond a criminal mischief charge. Depending on the relationship and circumstances, the incident could also lead to domestic violence allegations or a petition for an injunction for protection. A temporary injunction can impose significant restrictions before a full hearing, including requiring a respondent to leave a shared residence.

Is Criminal Mischief a Misdemeanor or Felony in Florida?

Both. Criminal mischief can be charged as a misdemeanor or a felony, and the value of the alleged damage can play a significant role in determining which charge applies. That means the dollar amount assigned to damaged property may affect more than just what someone owes—it may also affect the seriousness of the criminal case.

How Does the Value of the Damage Affect the Criminal Mischief Charge and Penalties?

In Florida, the amount of property damage can determine whether criminal mischief is charged as a misdemeanor or felony. As that dollar amount rises, a misdemeanor allegation can become a felony charge with substantially greater potential penalties. Here are the potential charges:

• $200 or less. Criminal mischief involving $200 or less in property damage is generally a second-degree misdemeanor. A conviction can carry up to 60 days in jail and a fine of up to $500.
• More than $200 but less than $1,000. When the alleged damage exceeds $200 but remains below $1,000, criminal mischief is generally a first-degree misdemeanor. The maximum penalties include up to one year in jail and a fine of up to $1,000.
• $1,000 or more. Criminal mischief involving $1,000 or more in damage is generally a third-degree felony. A conviction can carry up to five years in prison and a fine of up to $5,000.

Restitution may also be part of the sentence in a criminal mischief case. A court can require a person convicted of criminal mischief to pay for the damage caused by the offense in addition to fines and other criminal penalties.

Other Scenarios When Criminal Mischief May Become a Felony

Several circumstances can turn criminal mischief into a felony even when the ordinary $1,000 property-damage threshold is not met:

• A prior criminal mischief conviction. If a person has a previous conviction under Florida’s criminal mischief statute, a new offense that would otherwise fall within either misdemeanor damage category can be reclassified as a third-degree felony.
• Damage to a place of worship. Willfully and maliciously causing more than $200 in damage to a church, synagogue, mosque, other place of worship, or a religious article inside can result in a third-degree felony.
• Damage to a memorial or historic property. Willfully and maliciously causing more than $200 in damage to a qualifying memorial or historic property without the owner’s consent is a third-degree felony.
• Interruption of a business or public service. Criminal mischief is a third-degree felony when it interrupts or impairs a business operation or certain public services and results in costs of $1,000 or more in labor and supplies to restore.

In addition, a person who unlawfully detains, occupies, or trespasses on a residential dwelling or commercial property and intentionally causes $1,000 or more in damage can face a second-degree felony charge.

What Extra Penalties Apply to Graffiti?

Florida imposes additional penalties when criminal mischief involves graffiti. In addition to penalties for the underlying offense, a graffiti-related conviction can result in fines, community service, and additional consequences for minors, such as the following:

• Mandatory fines. The minimum fine is $250 for a first conviction, $500 for a second conviction, and $1,000 for a third or subsequent conviction. A court may decline to impose the fine if it determines the person does not have the ability to pay.
• Community service. A person convicted of graffiti-related criminal mischief must perform at least 40 hours of community service. When possible, the court must require at least 100 hours involving graffiti removal.
• Driver’s license consequences for minors. A court may revoke or withhold an eligible minor’s driver’s license or driving privilege for up to one year. Depending on the minor’s age and license status, the court may instead extend an existing suspension or revocation, or delay when the minor can receive a license.
• Parental responsibility for fines. When a minor commits a graffiti-related delinquent act, the minor’s parent or legal guardian can be held liable along with the minor for payment of the graffiti fine.

What Does the Prosecutor Have to Prove in Criminal Mischief Cases?

An arrest only means an officer believed there was probable cause. To convict you, the State has to prove each of these elements of the crime of criminal mischief beyond a reasonable doubt:

• Property was damaged or destroyed
• The property belonged to someone else
• You caused the damage willfully, not by accident
• You acted maliciously, with ill will or intent to harm

When the amount of damage affects the degree of the offense, the State must also prove the applicable damage threshold beyond a reasonable doubt. If the State cannot prove the elements of this crime, the charge may not stand — no matter how clear the damage itself may be.

Defenses to Criminal Mischief Charges in Florida

The right defense approach depends on the specific facts of your situation and how the State charged you. Strategies that our criminal mischief attorney may use to defend you that may result in a dismissal or reduction of the charges include:

• No malicious intent. Accidents, horseplay, and honest mistakes do not satisfy the statute.
• Ownership. You cannot damage property you own or co-own with the accuser.
• Consent. If the owner authorized the work or the removal, there is no crime.
• Inflated valuation. Contesting the repair estimate can drop a felony to a misdemeanor.
• Constitutional violations. The police may have violated your constitutional rights by conducting an unlawful search, failing to inform you of your Miranda rights, or taking other actions. Our attorney may be able to suppress unlawfully obtained evidence against you, significantly weakening the State’s case. 

How a Fort Lauderdale Criminal Mischief Lawyer Protects You

Pre-File Intervention

Broward prosecutors decide whether to file formal charges after the arrest, not at the scene. Our criminal mischief lawyer may be able to provide the prosecuting attorney with receipts, context, or other evidence early on to convince them not to file charges against you. Here are some strategies he may employ. 

Attacking the Damage Number

The value of the alleged damage can directly affect the severity of a criminal mischief charge, so the State’s dollar figure deserves careful scrutiny. Repair estimates, independent quotes, depreciation, preexisting damage, and the property’s value may all raise questions about whether the State can prove the claimed amount.

Negotiating for Diversion or Dismissal

First-time offenders are frequently eligible for the pretrial diversion programs offered by the Broward State Attorney’s Office. Completion means dismissal — and because a dismissal is not a conviction, the arrest may later come off your record entirely.

Protecting Your Record After the Case Ends

A dismissal may end the criminal case, but it does not necessarily erase the record of the arrest. Depending on the outcome of the case and your criminal history, you may be eligible to have the record sealed or expunged.

Florida generally allows one court-ordered sealing or expungement in a lifetime under the traditional process, which begins with an application for a certificate of eligibility from the Florida Department of Law Enforcement. Our office handles record sealing and expungement petitions for eligible clients seeking to limit public access to a criminal record and move forward after the case ends.

Why Choose the Law Offices of Dave L. Simmons, P.A.?

Broward County clients choose Dave Simmons for direct, personal representation from an attorney who has tried cases on both sides of the 17th Judicial Circuit courtroom — and who limits his practice exclusively to Broward County.

• Avvo 10.0 Superb Rating — Avvo's highest designation
• Justia 10.0 Rating — perfect score on one of the nation's leading legal directories
• Martindale-Hubbell AV Preeminent® Rating — the highest peer review distinction in the legal profession, reflecting the assessment of fellow attorneys and members of the judiciary for both ethical standards and legal ability.
• 200+ five-star client reviews
• Exclusive Broward County practice
• Supported by a legal team — Dave handles your case personally — not a paralegal or associate
• Extensive court room and trial experience
• Regular appearances before Broward County Court Judges

Dave’s primary goal is the dismissal or reduction of the charges against you. He will develop a defense strategy tailored to your specific facts — whether you’re facing a second-degree misdemeanor property damage charge or a felony.

Talk to a Broward County Criminal Mischief Attorney Today

You do not have to wait for the State to make the first move. Contact our Fort Lauderdale criminal defense office or call 954-765-3540 for a free, confidential consultation directly with Dave L. Simmons. We defend clients facing criminal mischief and vandalism charges in Fort Lauderdale, Hollywood, Davie, Plantation, Hillsboro Beach, Pembroke Pines, Coconut Creek, Coral Springs, Lauderhill, Deerfield Beach, and surrounding Broward County communities.

Criminal Mischief FAQs

What is considered criminal mischief in Florida?

Willfully and maliciously damaging property that belongs to someone else — including graffiti, broken windows, keyed cars, and damaged drywall. Accidental damage does not qualify.

Is criminal mischief a misdemeanor or felony in Florida?

It depends on the damage. Under $1,000 is a misdemeanor; $1,000 or more is a third-degree felony. A prior conviction can also reclassify a misdemeanor as a felony.

Can you go to jail for criminal mischief in Florida?

Yes. Exposure ranges from 60 days for a second-degree misdemeanor to five years in prison for a third-degree felony. Many first-time cases resolve without jail.

What are the defenses to criminal mischief charges in Florida?

Common defenses include lack of malicious intent, ownership or joint ownership of the property, the owner’s consent, an inflated repair estimate, and constitutional violations during the investigation.

What should I do after being arrested for criminal mischief in Broward County?

Decline answering questions, preserve photos, receipts, and messages, and call our criminal mischief lawyer before the State decides whether to file charges. That pre-file window may be a good chance to end the case early.