Car vandalism is prosecuted in Florida as criminal mischief under Florida Statute 806.13, and the dollar value of the damage decides the charge. Damage of $200 or less is a second-degree misdemeanor. Damage greater than $200 but less than $1,000 is a first-degree misdemeanor. Damage of $1,000 or more is a third-degree felony carrying up to five years in prison. A conviction at any level leaves a criminal record that shows up on employment and school background checks, so it is worth talking to a lawyer who handles property crimes in Florida before the first court date.
Florida Vandalism Laws
Criminal mischief is defined at Florida Statute 806.13. The state has to prove the defendant willfully and maliciously injured or damaged property belonging to another person, which means an accident or a careless act is not this offense. Where a window is broken to reach something inside the car, prosecutors usually charge burglary of a conveyance instead, with criminal mischief available as a lesser included offense. Criminal mischief standing alone is damage done for its own sake.
Florida law has different classifications for vandalism;
- If the damage is $200 or less, it is a second-degree misdemeanor under Florida Statute 806.13(1)(b)1.
- If the damage is greater than $200 but less than $1,000, it is a first-degree misdemeanor under Florida Statute 806.13(1)(b)2.
- If the damage is $1,000 or greater, it is a third-degree felony under Florida Statute 806.13(1)(b)3. The same subsection reaches an interruption of a business operation or of public communication, transportation, water, gas or power that costs $1,000 or more in labor and supplies to restore.
- If you have one or more previous convictions under this subsection, Florida Statute 806.13(1)(b)4. reclassifies what would have been either misdemeanor as a third-degree felony, whatever the damage amount.
Some targets carry a felony rule of their own. Under Florida Statute 806.13(2), damage greater than $200 to a church, synagogue, mosque or other place of worship, or to a religious article inside one, is a third-degree felony. Florida Statute 806.13(3) does the same for damage greater than $200 to a memorial or historic property, and Florida Statute 806.13(6) for damage greater than $200 to a sexually violent predator detention or commitment facility. Under Florida Statute 806.13(5), damaging a public telephone or its related equipment so that it no longer works is a third-degree felony no matter what the repairs cost. There is no separate rule for vehicles, so a vandalized car is graded on the dollar thresholds above.
Car Vandalism vs. Burglary
Cars are often vandalized just for the sake of destruction, but they're also damaged when individuals are trying to break into them. While smashing a car window is usually only charged as misdemeanor criminal mischief in most cases, it can be categorized as burglary of a conveyance if the police can show that there was an intent to commit a crime inside. Under Florida Statute 810.02, burglary of a conveyance with nobody inside it is a third-degree felony under subsection (4)(b). Burglary of an occupied conveyance is a second-degree felony under subsection (3)(d), punishable by up to 15 years. It reaches the first degree only in the situations listed in subsection (2), such as an assault or battery during the burglary or the offender becoming armed with a dangerous weapon or explosives.
Criminal defense lawyers will often attempt to get burglary charges reduced to criminal mischief because it generally involves lower penalties.
Frequently Asked Questions About Car Vandalism
The following questions have been asked by multiple criminal defendants. If you require legal advice about your case, call our Fort Lauderdale and West Palm Beach criminal defense attorneys near you for immediate and diligent representation.
Can You Go to Jail for Vandalism in Florida?
Yes. Criminal mischief is charged as either a misdemeanor or a felony under Florida Statute 806.13, and jail or prison is on the table at every level. A second-degree misdemeanor carries up to 60 days, a first-degree misdemeanor up to a year, and a third-degree felony up to five years in state prison under Florida Statute 775.082.
What is the Penalty for Vandalism in Florida?
The penalties for most vandalism convictions are as follows:
- Second-degree misdemeanor: up to 60 days in jail or probation and a $500 fine
- First-degree misdemeanor: up to a year in jail or probation and a $1,000 fine
- Third-degree felony: up to five years in prison and a $5,000 fine
You will also be ordered to pay restitution for the damaged property. Graffiti carries its own penalties on top of the sentence. Florida Statute 806.13(9)(a) sets a fine of not less than $250 for a first conviction, not less than $500 for a second, and not less than $1,000 for a third or subsequent conviction. Florida Statute 806.13(9)(b) requires at least 40 hours of community service, and where possible at least 100 hours of it removing graffiti. For a minor, Florida Statute 806.13(10) lets the court direct the Department of Highway Safety and Motor Vehicles to revoke or withhold a driver license for up to 1 year.
Is Keying a Car Illegal in Florida?
Keying a car is illegal since it causes damage to the paint job. Whether it is classified as a misdemeanor or a felony depends on the amount of damage to the car. If the aggregate damage amount is $1,000 or greater, it will be classified as felony criminal mischief.
What Is the Average Sentence for Vandalism?
There is no published average, and the figures above are statutory maximums rather than typical sentences. Probation, restitution and community service are ordinary outcomes on a first misdemeanor charge with modest damage. What changes the picture is a prior record, because Florida Statute 806.13(1)(b)4. turns a repeat misdemeanor criminal mischief charge into a third-degree felony regardless of the damage amount.
I Only Broke a Car Window. Why Am I Being Charged With Burglary?
When the police investigate a crime scene, they are supposed to take the totality of circumstances into consideration. If, for instance, you broke a window and removed something from the car, then the objective of the act wasn't only to commit criminal mischief; it was to steal an item inside the car. In this case, burglary would be the appropriate charge.
What Should I Do If I've Been Arrested for Car Vandalism?
If you're arrested, the things you say and the actions you take can have a significant impact on your case. Do not fight with the police. Physical resistance can lead to additional charges. You can answer basic information questions, like your name, DOB, and address, but it's not in your best interest to discuss your whereabouts, relationship with the victim, etc. This is particularly true if you feel the need to lie. Police officers are adept at tricking subjects into making false statements to trip up their stories or to provide incriminating information. Ask to speak to your attorney before answering any questions.
Vandalism Defense Lawyers in Fort Lauderdale and West Palm Beach
If you have been charged with criminal mischief in Broward or Palm Beach County, speak to a defense lawyer before your first court date. If you cannot afford one, the court will appoint the public defender once it finds you indigent under Florida Statute 27.52.
Whoever represents you, the first thing worth examining is the damage estimate the state is relying on. That single number decides whether the charge is a second-degree misdemeanor, a first-degree misdemeanor or a third-degree felony, and it is often the most contestable part of the case. The criminal defense attorneys at Weinstein Legal Team handle criminal mischief and property crime cases in Fort Lauderdale and West Palm Beach.
