Category: Criminal Offenses · Statute: F.S. 806.13 · Source: Florida Legislature
Understanding Criminal Mischief (Vandalism) in Florida
In Florida, criminal mischief is the legal term for vandalism, defined under Florida Statute § 806.13 as the willful and malicious destruction or damaging of real or personal property belonging to another. To secure a conviction, the state must prove the damage was done intentionally and with ill will, rather than by accident or negligence. This offense covers a wide range of conduct, including keying a car, breaking windows, painting graffiti, or destroying household items during a domestic dispute. Because the law applies to "property of another," individuals can even be charged for damaging community property or property jointly owned with a spouse.
The severity of a criminal mischief charge in Florida is primarily determined by the monetary value of the damage caused. If the damage is $200 or less, it is prosecuted as a second-degree misdemeanor. Damage between $200 and $1,000 escalates the charge to a first-degree misdemeanor. If the cost to repair or replace the property exceeds $1,000, or if the defendant damages specific properties like a house of worship or a public telephone, the offense becomes a third-degree felony, carrying a potential penalty of up to five years in state prison.
Bail and Pretrial Release for Criminal Mischief
For misdemeanor criminal mischief, defendants are often released on a standard bond schedule or on their own recognizance shortly after booking. However, if the charge is a felony due to high property damage, or if it is classified as an act of domestic violence—such as smashing a partner's phone or punching a wall during an argument—the defendant cannot post standard bail immediately. Instead, they must be held in custody until a first appearance hearing, where a judge will set specific bond amounts and conditions, such as a "no contact" order protecting the victim.
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