It’s enough to show the property was damaged as a result of a wrongful and intentional act carried out with the knowledge that damage may be caused to the property.Ĭriminal mischief does not involve acts directed toward a person’s body, but rather specifically to the property. Put another way, prosecutors don’t need show defendant specifically set out to damage the property. They do not need to show “specific intent,” which would mean proving that the act was done with the intention to destroy the property. In this case, the type of “intention” referred to here is “general intent.” That means prosecutors need only show that the act was willful and wrongful. For an act to be carried out with malice, it means it had to have been done intentionally, wrongfully, without any legal excuse or justification and with the knowledge that such action would cause damage to someone else’s property. Damage to property was done with willful and malicious intent.įor an action to be “willful,” it has to have been carried out knowingly, with both intention and purpose.The property that was damaged by defendant belonged to someone else/ alleged victim.Prosecutors must be able to establish several elements beyond a reasonable doubt in order to gain a conviction. The statute specifically indicates that it includes, but is not limited to, the placement of graffiti or other acts of vandalism, which can include breakage, defacement and other types of destruction. 806.13 as acting in a manner that is both willful and malicious in causing injury or damage by any means to someone else’s property. The crime of criminal mischief is defined in Florida law under F.S. However, depending on how much damage the action caused, criminal mischief can be charged as either a misdemeanor or a felony, with penalties potentially including jail or even prison.įor this reason, it’s important for those facing allegations of criminal mischief to promptly seek legal counsel. Plus, the word “mischief” implies it’s all relatively harmless. Florida statute defines criminal mischief as the malicious destruction of property that belongs to another person.Īt The Ansara Law Firm, our Fort Lauderdale criminal defense lawyers know most people don’t think prison is possible for property destruction. Criminal mischief is the legal term for what we more commonly refer to as vandalism.

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