Criminal Mischief and Vandalism Defense in Miami

That number is often an estimate, and it is often wrong. Whether the damage was really caused by you, and whether it was done on purpose, are questions the State has to prove.

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What the State Has to Prove

Under Florida's criminal mischief law, a person commits the offense if he or she willfully and maliciously injures or damages any real or personal property belonging to another, by any means. The statute says this includes placing graffiti on the property and other acts of vandalism.

Each piece of that matters:

• Willfully and maliciously. The law is aimed at intentional damage. Something that broke by accident is a very different case.
• Belonging to another. The property has to belong to someone else.
• The amount of damage. The degree of the charge depends on it.

Penalties: The Damage Amount Sets the Charge

Two rules can push a case higher:

• A prior conviction. If you have one or more previous convictions under the general criminal mischief subsection of the statute, a charge that would otherwise be a misdemeanor is reclassified as a third-degree felony.
• Adding up the damage. When property owned by different people is damaged during one scheme or course of conduct, the amounts can be added together to set the degree of the charge.

Special Kinds of Property

Florida law treats some property more seriously:

• Places of worship. Willfully and maliciously defacing, injuring, or damaging a church, synagogue, mosque, or other place of worship, or a religious article inside it, is a third-degree felony if the damage is more than $200.
• Memorials and historic property. Willfully and maliciously defacing or damaging a memorial or historic property without the owner's consent is a third-degree felony if the damage is more than $200, and the court must order restitution for the full cost of repair or replacement. Willfully and maliciously destroying, demolishing, or pulling down a memorial or historic property without the owner's authorization is a separate crime, a second-degree felony, also with mandatory restitution. Florida's definition of a memorial includes plaques, statues, markers, flags, religious symbols, tombstones, and similar displays meant to be permanent that honor or recount U.S. military service or public service. A historic property is one officially designated as historic through a federal, state, or local program.
• Art in public buildings. Willfully damaging or defacing, or removing without authority, a work of art displayed in a public building is charged under its own law, with the same $200 and $1,000 tiers, based on the cost of restoration or the replacement value.
• Public telephones and related equipment (when the required notice is posted), and sexually violent predator detention facilities (damage over $200): third-degree felonies.
• Projecting images onto buildings. Knowingly and intentionally displaying or projecting an image, by any medium, onto a building, structure, or other property without the owner's written consent is a first-degree misdemeanor. If the image contains a credible threat, it is a third-degree felony.
• Damage by unauthorized occupants. A person who unlawfully detains, occupies, or trespasses on a residential dwelling or commercial real property and intentionally damages it, causing $1,000 or more in damage, commits a second-degree felony.

Graffiti: Mandatory Fines and Community Service

When the case involves graffiti, Florida law adds penalties on top of the normal sentence:

• Minimum fines: at least $250 for a first conviction, $500 for a second, and $1,000 for a third or later conviction. The court may decline to impose the fine if it finds the person cannot pay.
• Community service: at least 40 hours, and, if possible, at least 100 hours of community service removing graffiti.
• Parents pay too. If a minor commits the act, the parent or legal guardian is liable along with the minor for the fine.
• Driver licenses for minors. For a minor found to have placed graffiti, the court may have the minor's license or driving privilege revoked or withheld for up to 1 year, withheld for up to 1 year after the minor becomes old enough to drive, or, if it is already suspended or revoked, extended by up to 1 year. The minor can shorten that period by cleaning graffiti from public property, at the rate of 1 day for each hour of service.
• Local ordinances. Cities and counties may pass their own graffiti ordinances with higher penalties than state law.

If your child has been charged, see Juvenile Crimes Defense.

Restitution: The Dollar Figure Matters Twice

In addition to any other penalty, a person convicted of criminal mischief may be required to pay for the damage. Florida's general restitution law goes further: the court shall order the defendant to pay restitution for damage or loss caused directly or indirectly by the offense, or related to the criminal episode, unless it finds clear and compelling reasons not to. The law says restitution is set at fair market value unless someone shows that another measure, such as replacement cost or the actual cost of repair, is fairer. A restitution amount agreed to in a plea deal is as binding as any other restitution order.

So the damage amount affects your case twice: it can decide whether the charge is a misdemeanor or a felony, and it can decide how much you are ordered to pay. That is why we challenge the number instead of accepting it.

Recent Changes to Florida's Criminal Mischief Laws

The date of the alleged act matters. Florida's Constitution bars ex post facto laws, so these new offenses reach acts on or after the dates above, and earlier acts fall under the older law. The date is one of the first things we check.

How We Defend Criminal Mischief Cases

Valuing the damage. The State has to prove the amount of damage, and the line between a misdemeanor and a felony can be a single dollar. We look hard at where the number came from: a guess on the arrest report, a repair estimate from someone with a reason to inflate it, damage that was already there, or repairs that cover more than what happened. Photos, receipts, and an independent estimate can change the charge.

Identification. Many vandalism cases are built on grainy surveillance video, a doorbell camera, or a witness who saw someone from a distance at night. Was it really you? Clothing, timing, phone location data, and witnesses who place you somewhere else can all matter.

Accident versus a willful act. The law requires that the damage be done willfully and maliciously. A door slammed in an argument, a car backed into a fence, or something knocked over in a crowd is not the same thing as deliberate destruction.

Whose property was it? The statute covers property belonging to another. Questions about who owned the property, or whether the owner consented, can matter, especially under the memorial and image-projection provisions, which turn on the owner's consent.

The facts behind the report. Criminal mischief charges often come out of breakups, disputes with neighbors, landlord-tenant fights, or a single bad night. Context matters to prosecutors, and it matters to how the case can be resolved.

What to Do If You're Accused

1. Don't talk to police about it without a lawyer. Explaining what happened can turn into a confession of the act.
2. Don't contact the property owner to argue or make a deal on your own. Paying for damage can be part of a good resolution, but it should be handled through your lawyer.
3. Don't post about it on social media, and don't delete anything either.
4. Save your own evidence: photos of the property, receipts, texts, and names of witnesses.
5. If there is a warrant, we can often arrange a surrender. See Turning Yourself In. If you or a loved one is in custody, see Bond & Nebbia Hearings.
6. Call us. The sooner we see the estimate and the video, the better.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

You can read about some of our past cases on our Results page.

Frequently Asked Questions

Is criminal mischief a felony in Florida?

It depends mostly on the amount of damage. Damage of $1,000 or more is a third-degree felony. Under $1,000, it is usually a misdemeanor, but a prior criminal mischief conviction can make it a felony. Damage to places of worship, memorials, and certain other property can also be a felony.

The police say the damage is over $1,000. Do they get to decide that?

No. The State has to prove the amount. Estimates are often high, and challenging the number is one of the most important parts of the defense.

It was an accident. Can I still be charged?

You can be charged, but the law requires that the damage be done willfully and maliciously. Whether it was an accident is a central question in the case.

Will I have to pay for the damage?

Restitution is usually ordered for damage caused by the offense. The amount is something we can challenge: the law ties it to the damage or loss caused by the offense and generally values it at fair market value.

What happens in a graffiti case?

On top of the regular penalties, Florida law sets minimum fines starting at $250 and at least 40 hours of community service. For minors, the court can also affect their driver license.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.