You are not being accused of committing a simple prank or having engaged in annoying conduct. Criminal mischief is charged whenever a person willfully and maliciously damages the property of another. Criminal mischief is a serious allegation that carries criminal court sentencing ramifications if you are convicted. Some criminal offenses are referred to as victimless crimes.
In other words, there may be a violation of the law, but the criminal conduct has had no direct impact on an innocent person, nor does the conduct threaten the rights of any other individual. For example, possession of marijuana is often referred to as a victimless crime. The implication associated with categorizing a criminal offense as a victimless crime is that the Judge should show leniency, since after all, no one was harmed. Needless to say, the offense of criminal mischief is not considered a victimless crime.
In fact, Florida law requires the prosecutor to send notice to the victim advising him of every court date and informing him of his right to speak in aggravation.
Penalties for Criminal Mischief
Victims of criminal mischief are often emotionally connected to the damaged personal property and may say that they feel personally violated. Some victims will take advantage of the situation and request a restitution amount far in excess of what they truly deserve. If you are charged in Pinellas County with a criminal mischief offense, it is important to have an attorney safeguard your rights with respect to the payment of restitution.
Petersburg criminal justice system can help ensure that you are not required to overpay where the victim expects a windfall and over-estimates or inflates the extent of the loss. On the other hand, the payment of restitution may likewise be a valuable tool for negotiation. The classification of the criminal mischief charge depends on the amount of damage that is caused.
Depending on the value of the damage to the property, criminal mischief offenses can be charged by the Pinellas County prosecutor as either a misdemeanor or felony offense.
Pinellas Criminal Mischief Lawyer | St. Petersburg | Free Consultation
Having a felony conviction could cause you to have difficulty in securing employment, obtain an occupational license or even rent a house or apartment. Further, a conviction for a felony offense will automatically cause you to lose you right to vote, your right to sit on a jury, and your right to own, use, and possess a firearm.
This firm serves clients in North Miami, Ft. Lauderdale, and surrounding areas.
Criminal Mischief includes particular acts that involve the intentional and malicious destruction of the personal property of another, and can include graffiti as well as other related acts of vandalism. The penalties for criminal mischief increase based upon the amount of property damage caused. The threshold amounts are:. For a conviction a judge can impose any combination of the following penalties:. In the event that the convicted party is a minor, both the guardians and the minor are liable for any fines associated with the damaged property. Online Sunshine - This state website offers complete statutes on criminal mischief and the resulting penalties.
Defenses to Criminal Mischief
Whether your actions arose out of a heated argument, or you feel that you were justified in your actions, criminal mischief is a charge which should never be taken lightly. To avoid having this type of offense on your record, you need a criminal defense attorney who knows the ins and outs of the courtroom. Evan Hoffman offers a free initial consultation, so you have nothing to lose by giving The Hoffman Firm a call at today.
Someone on the legal team is standing by ready to help. The Hoffman Firm Home. Contact The Hoffman Firm. Contact Us For a Free Consultation. Practice Areas. Criminal Defense. Criminal Mischief. Criminal Mischief Have you been charged with the crime of criminal mischief? Florida code Back to top Penalties for Criminal Mischief in Florida The penalties for criminal mischief increase based upon the amount of property damage caused. For a conviction a judge can impose any combination of the following penalties: Up to sixty 60 days in jail.
Up to six 6 months of probation. For a conviction a judge can impose any combination of the following penalties: Up to twelve 12 months in jail.
Up to twelve 12 months of probation. Up to five 5 years of probation.
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