Criminal mischief, often charged as vandalism, is graded by the cost of the damage and turns on a mental state the State frequently cannot prove. It is not enough that property was damaged. The act has to be willful and malicious, and the malice has to be aimed at the property itself.
Damage Sets the Degree
| Damage | Degree | Maximum |
|---|---|---|
| Less than $200 | Second-degree misdemeanor | 60 days |
| $200 to under $1,000 | First-degree misdemeanor | 1 year |
| $1,000 or more | Third-degree felony | 5 years |
It is also a third-degree felony, regardless of dollar amount, to interrupt a business or public service at a cost of $1,000 or more to restore, to damage a place of worship or religious article, or to commit criminal mischief with a qualifying prior. Statutes and holdings last verified June 2026.
I began as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, where property cases move in volume and the State counts on no one pushing back. Almost every one of these charges turns on two things the prosecutor has to prove, intent and value, and both are softer than they look. I know how the State builds a property case and where the proof tends to fall apart, on the value of what was taken or damaged, on whether the intent was ever really there, and on the search that produced the evidence. Learn more about my background.
Willful and Malicious, Aimed at the Property
Section 806.13 requires a willful and malicious injury to the real or personal property of another. Florida courts have drawn a sharp line around that element. Malice cannot be presumed from the mere fact of damage, and an intent to damage another’s property does not arise by operation of law where the real target was a person. See Stinnett v. State, 935 So. 2d 632 (Fla. 2d DCA 2006), and Walker v. State, 154 So. 3d 448 (Fla. 3d DCA 2014). A shot fired at a person that happens to strike a car, or damage caused by accident, is not criminal mischief.
Proving the Dollar Amount
Because the degree depends on a dollar figure, how the State proves damage matters. The measure is the fair market value of what was lost, not the cost to repair or replace it. In R.C.R. v. State, 916 So. 2d 49 (Fla. 4th DCA 2005), a felony conviction resting on inflated repair estimates was reversed for that reason. A repair quote that exceeds the value of the item cannot be used to push a misdemeanor into a felony.
How I Defend a Criminal Mischief Charge
I test the two soft spots: the mental state and the money. If the damage was accidental or the malice was aimed at a person, the offense is not made out. If the State cannot tie the damage to a willful act by my client, or cannot prove a real value above the threshold, a felony can fall to a misdemeanor or away entirely. Where the charge rides along with a trespass or a burglary, those are defended together.
Common Questions
How is criminal mischief graded in Florida?
By the cost of the damage. Damage under $200 is a second-degree misdemeanor, damage from $200 to under $1,000 is a first-degree misdemeanor, and damage of $1,000 or more is a third-degree felony. It is also a felony, regardless of amount, to interrupt a business or public service costing $1,000 or more to restore, or to damage a place of worship.
Does the State have to prove I meant to damage the property?
The statute requires a willful and malicious act, and the malice has to be aimed at the property. Courts have held that an intent to damage another's property does not arise just because property was damaged, and it does not transfer from an intent to harm a person. See Stinnett v. State and Walker v. State. the damage was accidental, or your aim was at a person rather than the property, that is a defense.
How is the dollar amount of damage proven?
By the fair market value of what was lost, not by the repair bill. In R.C.R. v. State, a felony conviction built on repair estimates was reversed because the measure is the value of the damage, not the cost to make the owner whole. An inflated repair quote cannot push a misdemeanor into felony territory, so the valuation is often where a felony mischief charge comes apart.
Is graffiti criminal mischief?
Yes. The statute specifically names the placement of graffiti and other acts of vandalism. Graffiti cases carry the same value-based grading, and they can add penalties such as community service and restitution, but they are still defended on the same two points: whether the act was willful and malicious, and what the actual damage was worth.
What are the defenses to criminal mischief?
The main defenses are lack of malice, lack of damage, and value. If the damage was an accident, or the malice was directed at a person rather than the property, the offense is not made out. If there is no real proof of damage, the charge fails. And if the damage is worth less than the State claims, a felony can drop to a misdemeanor.
Related: Property crimes overview, Trespass, Arson and burning to defraud, and Sentencing.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Property offenses are governed mainly by chapters 810, 806, and 817, Florida Statutes, and the degrees and value thresholds change, so they should be confirmed against current law. Every case turns on its own facts, and past results do not guarantee a similar outcome.
