St. Petersburg Criminal Mischief Lawyer

Criminal mischief is Florida’s charge for vandalism: willfully and maliciously damaging property that belongs to someone else. Whether it is a misdemeanor or a felony depends mostly on one number, the dollar value of the damage, and that number is often the most contestable part of the case.

Goldman Wetzel defends criminal mischief charges in St. Petersburg and across Pinellas County. Both partners work on every case, and attorney Summer Goldman is a former Pinellas County prosecutor. Call (727) 828-3900 to speak with a St. Petersburg criminal mischief lawyer. The consultation is confidential.

Criminal Mischief Charges and Penalties in Florida

The charge and the penalty are set by Fla. Stat. § 806.13.

Damage	Charge	Maximum
$200 or less	Second-degree misdemeanor	60 days in jail
More than $200 but less than $1,000	First-degree misdemeanor	One year in jail
$1,000 or more, or an interruption of a business or public service that costs $1,000 or more to restore	Third-degree felony	Five years in prison
Any amount, with a prior criminal mischief conviction	Third-degree felony	Five years in prison
More than $200 to a place of worship or a memorial	Third-degree felony	Five years in prison
$1,000 or more while unlawfully occupying or trespassing in a home or commercial property	Second-degree felony	15 years in prison

A judge will generally also order restitution for the damage. When the charge involves graffiti, the statute adds a mandatory fine of at least $250 for a first conviction and community service.

For more on how the statute works, see our article on Florida criminal mischief charges and penalties.

What the State Must Prove

• The damage was willful and malicious. The State must prove you meant to damage the property. An accident, even a careless one, is not criminal mischief.
• The property belonged to someone else.
• The amount of the damage. The dollar figure decides whether the charge is a misdemeanor or a felony, and the State has to prove it with evidence, not an owner’s guess.

What Happens After an Arrest in St. Petersburg

For a misdemeanor, an officer may make an arrest or issue a notice to appear in court. A person who is arrested and still in custody sees a judge within 24 hours.

Pinellas County also has an Adult Pre-Arrest Diversion program, run by the Sheriff’s Office, that lists criminal mischief among its eligible offenses. A person who qualifies completes community service and pays restitution instead of being arrested. A recent conviction commonly makes a person ineligible.

If there is an arrest, the State Attorney’s Office for the Sixth Judicial Circuit decides whether to file a charge, and which one. Cases from St. Petersburg are heard at the Pinellas County Justice Center in Clearwater.

How We Defend Criminal Mischief Charges

Every case is different, but our review starts with the same questions.

• What is the damage really worth? A repair estimate is not always the right measure. If the State cannot prove the amount, a felony can become a misdemeanor.
• Was it intentional? Damage that happened by accident, or during an argument without any intent to break something, may not meet the statute.
• Whose property was it? Ownership is an element the State must prove.
• Who did it? Many of these cases rest on an assumption or on unclear video. We look at what the evidence actually shows.
• Does a prior case count? We examine whether an old case qualifies as the prior conviction that raises a misdemeanor to a felony.

When the evidence is strong, the work shifts to protecting your record. Paying for the damage early often matters to prosecutors and judges, and in an appropriate case it can be part of diversion or a resolution without a conviction.

Frequently Asked Questions

Is criminal mischief a felony in Florida?

It is a felony when the damage is $1,000 or more, when the person has a prior criminal mischief conviction, or when certain property such as a place of worship is involved. Otherwise it is a misdemeanor.

Is vandalism the same as criminal mischief?

Yes. Florida’s statutes do not have a crime called vandalism. Property damage is charged as criminal mischief.

If I pay for the damage, will the charge be dropped?

Not automatically. The State Attorney’s Office decides whether to prosecute, not the property owner. Restitution still matters, and it is often part of how these cases are resolved.

Can a criminal mischief charge be sealed or expunged?

If the charge is dropped or you are acquitted, you may be able to have the record expunged. If adjudication is withheld, you may be able to have it sealed. A conviction cannot be sealed.

Related Pages

• Florida criminal mischief: charges and penalties
• St. Petersburg theft lawyer
• St. Petersburg disorderly conduct lawyer
• Florida misdemeanors lawyer

Speak With a St. Petersburg Criminal Mischief Attorney

If you were arrested or given a notice to appear for criminal mischief in St. Petersburg or anywhere in Pinellas County, contact Goldman Wetzel or call (727) 828-3900 for a confidential consultation.