Florida Criminal Mischief Statute: Charges, Penalties, and Defenses

The Florida criminal mischief statute, section 806.13, makes it a crime to willfully and maliciously damage someone else’s property, and it grades the offense from a second-degree misdemeanor up to a second-degree felony based on how much damage was done, what was damaged, and whether the person has been convicted of criminal mischief before.¹ The two dollar amounts that matter most are $200 and $1,000.

What Counts as Criminal Mischief

To convict, the state has to prove three things: the defendant damaged real or personal property, the property belonged to someone else, and the damage was done willfully and with wrongful intent.¹ Intent is where most cases are fought. Cracking a neighbor’s window with a stray rock from the lawnmower is not criminal mischief. Breaking it on purpose is. The statute treats graffiti and other vandalism as covered forms of property damage.

When a single episode damages property belonging to more than one person, prosecutors can add the losses together to decide which tier applies.¹ Small amounts of damage spread across several victims can add up into felony territory.

Charge Levels by Dollar Amount

The base grading follows the value of the damage:¹

Damage of $200 or less is a second-degree misdemeanor.
Damage of more than $200 but less than $1,000 is a first-degree misdemeanor.
Damage of $1,000 or more is a third-degree felony.

The same third-degree felony classification applies when someone disrupts a business or interrupts a public service (water, gas, power, communication, or transportation) and the cost to restore that service reaches $1,000.

Penalties You Actually Face

A second-degree misdemeanor carries up to 60 days in county jail² and a fine of up to $500.³ Probation and restitution to the property owner are also on the table.

A first-degree misdemeanor carries up to one year in county jail² and a fine of up to $1,000.³

A third-degree felony carries up to five years in state prison² and a fine of up to $5,000.³

The charge becomes a second-degree felony when someone who is unlawfully occupying or trespassing on a residential or commercial property intentionally causes $1,000 or more in damage to that property.¹

A felony conviction has consequences that outlast the sentence. Under Florida law, anyone convicted of a felony is barred from owning or possessing a firearm unless civil rights and firearm authority have been specifically restored, and violating that ban is itself a second-degree felony.⁴

When the Charge Gets Upgraded

A Prior Conviction

Even one prior criminal mischief conviction reclassifies any new first- or second-degree misdemeanor offense as a third-degree felony.¹ A person with one prior who does $150 in damage no longer faces a 60-day maximum; they face up to five years in state prison. The value of the new damage is irrelevant to the upgrade.

Protected Targets

Certain kinds of property trigger felony treatment at $200 rather than $1,000.¹ Damaging a church, synagogue, mosque, or other place of worship, or religious articles inside, above $200 is a third-degree felony. So is damaging a memorial or historic property above $200, and in that case the court must order full restitution covering the complete cost of repair or replacement. Damage above $200 to a sexually violent predator detention or commitment facility is also a third-degree felony.

Destroying or substantially damaging a public telephone or its related equipment (cables, antennas, amplifiers) is a standalone third-degree felony with no dollar threshold at all.

Graffiti and Penalties for Minors

Graffiti is prosecuted as criminal mischief, but the statute stacks extra penalties on top of the standard fines. Every graffiti conviction carries a mandatory minimum fine:⁵

At least $250 for a first conviction.
At least $500 for a second conviction.
At least $1,000 for a third or subsequent conviction.

Every graffiti conviction also requires a minimum of 40 hours of community service, with the court encouraged to assign 100 hours involving actual graffiti removal.

For minors, the court can revoke or withhold a driver’s license for up to one year for graffiti on any public or private property.⁵ A minor too young to drive can have license eligibility delayed. Time can be shaved off the suspension through graffiti-cleanup community service, at one day for each hour worked. The minor’s parent or legal guardian is responsible for paying any graffiti fines.

Restitution to the Victim

Florida law tells the court it “shall order” restitution for damage or loss caused by the offense unless there are clear and compelling reasons not to, and a judge who declines to order full restitution has to explain that decision on the record.⁶ Restitution is separate from and in addition to any fine.

The default measure is fair market value, but either side can argue for a different measure (replacement cost, purchase price minus depreciation, or actual repair cost) if it better makes the victim whole.⁶

Defenses That Work

Because the statute requires willful and wrongful intent, showing that the damage was accidental or that the person acted for a reason other than destruction often defeats the charge. Someone who breaks a door trying to get into their own house during a lockout does not have the intent the statute requires. The state carries the full burden of proving that intent.

Consent and ownership are direct defenses too. If the owner permitted the activity that caused the damage, or if the accused actually owned the property, an element of the offense is missing. Ownership disputes come up regularly in roommate and domestic situations involving shared property.

Challenging the damage valuation can swing the outcome. The gap between $950 and $1,050 in damage is the gap between a misdemeanor and a felony. Independent appraisals and close questioning of repair estimates are common tools for pushing a case back down a tier.

Civil Lawsuits Are Separate

A criminal case does not shut the door on a civil suit for the same damage. Criminal restitution is limited to direct economic loss; a civil action can seek more. Property owners can sue in small claims court for smaller amounts or file a full civil case in county or circuit court for larger ones. Civil cases use a lower standard of proof, so a property owner can win a civil judgment even if the criminal case did not end in a conviction.

1
Justia Law. Florida Code 806.13 – Criminal Mischief; Penalties; Penalty for Minor
2
Justia Law. Florida Code 775.082 – Penalties; Applicability of Sentencing Structures; Mandatory Minimum Sentences for Certain Reoffenders Previously Released From Prison
3
FindLaw. Florida Code 775.083 – Fines
4
Online Sunshine. Florida Code 790.23 – Felons and Delinquents; Possession of Firearms, Ammunition, or Electric Weapons or Devices Unlawful
5
Online Sunshine. Florida Code 806.13 – Criminal Mischief; Penalties; Penalty for Minor
6
FindLaw. Florida Code 775.089 – Restitution; Definitions; Procedures