Family Law Fort Pierce Lawyer: Criminal Mischief

A Fort Pierce Criminal Defense Lawyer can help you defend against your charge. Florida Statutes Section ¤ 806.13 defines criminal mischief as willfully and maliciously causing injuries or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or acts of vandalism thereto, https://www.orlandosentinel.com/news/florida/112472711-132.html .

For A Conviction The State Must Prove:

  1. The defendant injured or damaged real or personal property;
  2. The property injured or damaged by the defendant belonged to the alleged victim;
  3. the injury or damage was done willfully and maliciously.

Fla. Std. Jury Instr. (Crim) 12.4

“Willfully” means intentionally, knowingly, and purposely.

“Maliciously” means wrongfully, intentionally, without legal justification or excuse, and with the knowledge that injury or damage will or may be caused to another person or the property of another person.

Malicious behavior is based upon circumstances surrounding the conduct.

Penalties

  1. If the damage to such property is $200 or less, it is a misdemeanor of the second degree, punishable by up to 60 days in the county jail and/or 6 months’ probation
  2. If the damage to such property it is greater than $200 but less than $1,000, the offense is a first-degree misdemeanor punishable by up to 1 year in jail and/or 6 months’ probation.
  3. If the damage to such property exceeds $1,000 where the amount of damage to the property exceeds $1,000, the offense is a third-degree felony, punishable by up to 5 years imprisonment and/or 5 years’ probation.

Defenses (list is not all inclusive)

  1. If the property that was alleged to have been damaged by the Defendant was already damaged the charge cannot stand.
  2. A lesser may be obtained if the State is unable to prove the amount of damage sustained.
  3. Jointly owned property damaged by the co-owner.
  4. The damaged caused accidentally.

How Can a Fort Pierce Criminal Defense Lawyer Help?

Whether the client is located in Stuart, Port St. Lucie, Martin County, Fort Pierce, or West Palm Beach, a Fort Pierce criminal defense lawyer can help. Call Dadan Law Firm today and learn how we can fight your case!