Vandalism and other similar acts are considered criminal offenses in The State of Florida. Typically, any person who is found to be guilty of purposeful property damage in Punta Gorda will face criminal mischief charges. Even small amounts of damage can result in criminal charges and jail time, as well as possible fines.
If you have been accused of criminal mischief in Punta Gorda, Florida, The Law Place can help. Our team of criminal defense lawyers has over seventy-five years of combined experience and will work tirelessly until your criminal charges are reduced or dismissed altogether.
For a free consultation, call us today at (941) 444-4444. Our phone lines are open 24 hours a day, 7 days a week.
What Is Florida’s Definition of Criminal Mischief?
According to Florida Statute 816.13, criminal mischief is the willful and malicious damage to property that belongs to another person. This law is commonly applied to acts known as graffiti and vandalism.
“Real property” refers to buildings, homes, and similar structures, and “personal property” refers to things like cars and boats.
For a free legal consultation with a criminal mischief lawyer serving Punta Gorda, call 941-444-4444
Important Elements to the Offense of Criminal Mischief in Punta Gorda, FL.
To be successfully convicted of the crime of criminal mischief at trial in Punta Gorda, Florida, the prosecution has the burden of establishing the following three elements beyond a reasonable doubt:
- That you injured or damaged real or personal property.
- That the property you injured or damaged was owned by the alleged victim (who must be formally identified by the prosecution).
- That the injury or damage was willful and malicious.
According to Florida law, the term “willful” means knowingly, intentionally, and purposely. “Malicious” means intentionally, wrongfully, with no excuse or legal justification, and with the knowledge that damage or injury could be caused to another person or the property belonging to another person.
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Proof of Damage for Criminal Mischief Charges in Punta Gorda, FL.
Actual proof of injury or damage to property belonging to another person is required for criminal mischief charges in Punta Gorda. The criminal charges will be dismissed by the court if there is no evidence of damage.
If you are facing charges for criminal mischief in Punta Gorda, the state is required to show that your acts resulted in property damage. They must also prove beyond a reasonable doubt that the damage in question exceeded the value of $1,000. Competent evidence must be provided. The court will not give rise to a conviction of felony criminal mischief if the value of damage has been determined using hearsay repair estimations or has been given by a non-expert verbal testimony.
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Penalties for Criminal Mischief in Punta Gorda, Florida
If you have been accused of criminal mischief in Punta Gorda, Florida, the penalties you face will be determined by the amount of damage you caused. If you damaged multiple pieces of property or separate pieces of property that belonged to different people, each amount would be combined to determine the level of the offense, as long the damage was completed in the same action or scheme.
According to Florida Statute 816.13, the penalties associated with criminal mischief in Punta Gorda, Florida, are as follows:
Second-Degree Misdemeanor
For criminal damage that is valued at $200 or less, your criminal mischief charge will be classed as a second-degree misdemeanor, and if you are successfully convicted, you will face:
- A jail term of up to 60 days.
- Up to six months of probation.
- Fines of up to $500.
- Liability for the restitution of all property damage caused in addition to the fines.
First-Degree Misdemeanor
For criminal damage that is valued between $200 and $1,000, your criminal mischief charge will be classed as a first-degree misdemeanor, and if you are successfully convicted, you will face:
- A jail term of up to 1 year.
- Up to one year of probation.
- Fines of up to $1,000.
- Liability for the restitution of all property damage caused in addition to the fines.
Third-Degree Felony
In some circumstances, acts of criminal mischief, such as vandalism, can result in serious felony charges. Criminal mischief in Punta Gorda, Florida, will be classed as a third-degree felony if:
- The value of the damage caused exceeds $1,000.
- A business is impaired or interrupted.
- The cost to restore a public service costs more than $1,000 in labor and supplies.
- Damage to a church or any other place of worship exceeds $200.
- A detention or commitment facility that houses a sexually violent predator is damaged.
- A public payphone is damaged or rendered inoperable due to criminal damage. In this case, clear notice of the law with these penalties should be displayed and be visible to the public at the time and location of the criminal mischief offense.
If you are successfully convicted of a third-degree felony criminal mischief charge in Punta Gorda, Florida, you will face the following penalties:
- Up to five years in the Florida department of corrections.
- Fines of up to $5,000.
- Liability for the restitution of all property damage caused in addition to the fines.
As with all felony offenses in Florida, your final sentence will be determined by Florida’s sentencing guidelines and where you score. The offense level of criminal mischief does not, in itself, mean a mandatory prison sentence. However, this does not mean that the court will not impose a prison sentence. Furthermore, you may be faced with a mandatory prison term if additional felony offenses are committed before the court sentencing or if you already have criminal charges on your record. If you have questions about your charges and how Florida’s sentencing guidelines will affect you, contact The Law Place to speak to one of our experienced criminal defense lawyers.
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The Additional Penalties for Graffiti in Punta Gorda, FL.
The State of Florida will impose additional, more serious penalties for instances of criminal mischief that involves graffiti in Punta Gorda. In addition to the above penalties, if you are convicted of criminal mischief involving graffiti, you will also be required to perform a minimum 40 hours of community service as well as 100 hours of community service involving the removal of the graffiti. In addition, you will be expected to pay:
- A mandatory minimum fine of $250 for a first conviction.
- A mandatory minimum fine of $500 for a second conviction.
- A mandatory minimum fine of $1,000 for any subsequent convictions.
If you are a minor and you are convicted of criminal mischief involving graffiti in Punta Gorda, the following additional conditions will apply:
- Your parent or guardian will also be liable for the payment of the fine.
- If you are eligible for a driver’s license, the court will inform the Department of Highway Safety and Motor Vehicles (FHSMV), who will revoke or withhold the issuance of your driver’s license or driving privilege for up to one year, with possible reduction upon completion of community service hours.
- If you are not eligible because of your age, these suspensions or revocations will be delayed until the date that you would have otherwise been eligible to apply for a driver’s license, with possible reduction upon completion of community service hours.
All acts of criminal mischief committed in Punta Gorda, FL., come with some potentially serious penalties, which can be particularly damaging for repeat and minor offenders. If you have been accused of criminal mischief in Punta Gorda, you should talk to an experienced Florida criminal defense attorney as soon as possible.
Defenses to Criminal Mischief in Punta Gorda, FL.
An experienced Florida criminal defense lawyer from The Law Place can use their skills to defend you against charges of criminal mischief. There are numerous defense options available to you that could result in a reduction or a dismissal of your charges. Some of the more common defenses used by criminal defense attorneys in these cases are:
- That the damage was not caused by your conduct.
- That the alleged victim did not actually own the property in question.
- That the property was jointly owned or possessed by you and the alleged victim.
- The damage was not willful or malicious; it occurred in the midst of an altercation.
- The damage was caused by an accidental act.
- The malicious act of damage was not directed at the alleged victim or to their property.
- There was a legal justification for your conduct.
- There are extenuating circumstances that excuse your conduct.
- Your conduct was necessary to protect yourself or others.
- There are some other circumstances of the case that support an argument that your conduct was not “wrongful” or “malicious.”
To find out more about how our law firm can help you fight your criminal charges, call today for a free consultation with an experienced criminal defense lawyer.
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If you or a loved one have been arrested and charged with this offense in Punta Gorda, FL., you should seek legal representation immediately. The penalties for a criminal mischief conviction in Punta Gorda, FL., can result in hefty fines, a criminal record, and even jail time.
An experienced criminal defense attorney from The Law Place will work tirelessly for the best possible outcome for you. So don’t hesitate, call today for a free consultation at (941) 444-4444. Our phone lines are open 24 hours a day, 7 days a week.
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