Florida Criminal Mischief Charges: Penalties, Defenses & What the Data Shows

Updated September 2026 · 2023-2025 data

If you've been charged with criminal mischief in Florida under § 806.13, you're facing a charge that can range from a misdemeanor to a felony depending on the amount of property damage involved. This charge encompasses intentionally damaging someone else's property, and Florida prosecutors take these cases seriously. Understanding the specific elements of your charge, potential penalties, and available defenses is crucial for protecting your future.

What Florida Law Says

Florida Statute § 806.13 defines criminal mischief as willfully and maliciously injuring or damaging by any means any real or personal property belonging to another person. The prosecution must prove several key elements beyond a reasonable doubt:

• You willfully and maliciously damaged property
• The property belonged to another person
• The damage was done by any means (physical destruction, graffiti, etc.)
• The specific dollar amount of damage (which determines the degree of the offense)

The terms "willfully" and "maliciously" are critical. Under Florida law, "willfully" means intentionally, while "maliciously" means wrongfully, intentionally, and without legal justification. The state cannot simply prove that damage occurred—they must demonstrate your intent to cause that damage.

Florida Statute § 806.13 also covers damage to property during the commission of graffiti, which has become an increasingly prosecuted form of criminal mischief throughout the state.

Penalties

Criminal mischief penalties in Florida are directly tied to the amount of property damage caused:

Second-Degree Misdemeanor (damage under $200):

• Up to 60 days in county jail
• Up to $500 in fines
• Up to 6 months probation
• Restitution to the property owner

First-Degree Misdemeanor (damage $200 to $999.99):

• Up to 1 year in county jail
• Up to $1,000 in fines
• Up to 1 year probation
• Restitution to the property owner

Third-Degree Felony (damage $1,000 or more):

• Up to 5 years in Florida state prison
• Up to $5,000 in fines
• Up to 5 years probation
• Restitution to the property owner
• Scoring under Florida's Criminal Punishment Code

For felony charges, Florida's Criminal Punishment Code will calculate a sentencing score that considers the primary offense, any additional offenses, prior record, and victim injury. Even first-time felony offenders may face prison time if the damage amount is substantial.

Additionally, a criminal mischief conviction can result in a permanent criminal record, affecting employment, housing, professional licensing, and other opportunities.

Common Defenses

Lack of Intent: If the damage was accidental rather than willful and malicious, this negates a key element of the charge. The prosecution must prove you intended to cause damage.

Consent: If you had permission from the property owner to alter or even damage the property, this can be a complete defense to criminal mischief charges.

Ownership or Right to Property: You cannot commit criminal mischief against your own property. If you had an ownership interest or legal right to the property, this defeats the "property of another" element.

Insufficient Evidence of Damage Amount: Since penalties depend entirely on damage amounts, challenging the state's evidence of repair costs or property value can reduce charges from felony to misdemeanor levels.

Mistaken Identity: In cases involving graffiti or property damage in public areas, surveillance footage may be unclear, or witness identification may be unreliable.

Pre-Trial Diversion and Alternatives

Florida offers several alternatives to traditional prosecution for criminal mischief charges, particularly for first-time offenders:

Pre-Trial Intervention (PTI): Many Florida counties offer PTI programs for non-violent offenses like criminal mischief. Successful completion typically results in charges being dismissed. Requirements often include community service, restitution, and staying out of trouble for 6-12 months.

County-Specific Diversion Programs: Some Florida counties have specialized programs for property crimes that focus on restitution and community service rather than punishment.

Deferred Prosecution Agreements: Prosecutors may agree to defer prosecution pending completion of specific requirements like anger management, community service, or full restitution to victims.

Adjudication Withheld: Even if you enter a plea, the court may withhold adjudication, meaning you avoid a formal conviction while still completing probation and other requirements.

What Our Data Shows

FloridaCourtFile tracks how criminal mischief charges are actually resolved in Florida’s courts, county by county. View criminal mischief outcomes by county — the statewide table on this page updates with each monthly data refresh.

Outright dismissal of a filed criminal mischief charge is uncommon in the court records — far less common than most defendants expect. The most common alternative to a formal conviction is adjudication withheld, and how often courts grant it varies enormously from county to county — some grant it rarely, others in a large share of resolved cases. A clear majority of resolved cases statewide end in a guilty outcome. Where your case is heard matters.

Because these numbers move with every monthly refresh, the current statewide guilty, dismissal, and withheld rates are published in the live data table on this page rather than in this text — and the county pages break each rate out wherever there is sufficient case volume.

Next Steps

Criminal mischief charges in Florida require immediate attention from an experienced criminal defense attorney who understands both the statutory requirements and local prosecution practices in your county. The difference between a misdemeanor and felony charge often comes down to how damage amounts are calculated and presented, making early intervention crucial. An attorney can challenge evidence, negotiate with prosecutors, and explore diversion options that may not be apparent to unrepresented defendants. Don't let a property damage charge derail your future—contact us for a free case review to discuss your specific situation and begin building your defense strategy.