Can a Car Accident Trigger Criminal Mischief Charges in Florida?

August 28, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, criminal mischief is a serious offense. Criminal mischief occurs when someone willfully and maliciously damages the property of another. It can be classified as either a misdemeanor or felony, depending on the value of the damage.

When someone says “criminal mischief,” most think of acts like vandalizing a building via graffiti, breaking someone’s window, or a similar act designed to damage property. But can a car accident lead to criminal mischief charges in Florida? This blog will answer that question.

A car accident can lead to criminal mischief charges in Florida. But this is unlikely unless the circumstances of the crash indicate someone caused the damage to another vehicle (by crashing into it) willfully and maliciously – not simply by accident.

To understand why this is the case, it is first necessary to review the elements of criminal mischief.

For someone to commit the offense of criminal mischief, the following must be proven beyond a reasonable doubt:

• The defendant willfully (intentionally) and maliciously (wrongfully, intentionally, and without lawful justification) damaged or injured real or personal property
• The property belonged to another (the defendant was not the owner)
• There is actual damage to the property

Depending on the value of the damage inflicted upon the property of another by the defendant, charges may range from a second-degree misdemeanor to a third-degree felony. Fla. Stat. 806.13 provides:

• If the damage is less than $200, criminal mischief is a second-degree misdemeanor (punishable by up to 60 days in jail and a $500 fine)
• If the damage is between $200 and $1,000, criminal mischief is a first-degree misdemeanor (punishable by up to 1 year in jail and a $1,000 fine)
• If the damage is above $1,000, criminal mischief is a third-degree felony (up to 5 years in prison and a $5,000 fine)
• If the damage is to a historical monument or religious facilities (church, synagogue, etc.) totaling over $200, criminal mischief is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine
• If the damage is to utilities (such as a public telephone, telephone pole, cables, wires, etc.) and it is rendered inoperable (even temporarily), criminal mischief is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine

The value of the damage (in dollars) is a critical element of criminal mischief that must be proven beyond a reasonable doubt. If the jury finds that a defendant willfully and maliciously damaged the property of another but the State has not proved the value of the damage, the defendant can only be convicted of second-degree misdemeanor criminal mischief (less than $200). Marrero v. State, 71 So.3d 881 (Fla. 2011)

According to R.C.R. v. State, 916 So.2d 49 (Fla. 4th DCA 2005), Florida’s courts generally calculate fair market value using the following factors:

• Original market cost
• Manner in which the item was used
• General condition and quality of the item
• Percentage of depreciation

Moreover, the repair costs (price of repairing or replacing an item following the alleged damage) may be used to calculate the damage only if the repair/replacement costs were not greater than the fair market value of the property itself (R.C.R.). 

For example, if James buys a $700 junk car and Lola willfully and maliciously damages the car two days later, Lola cannot be charged with felony criminal mischief (over $1,000) because the fair market value of the car is $700. Even if James spends over $1,000 on repairs, the maximum charge Lola will face is first-degree criminal mischief ($200 to $1,000).

In some criminal mischief cases, a charge may arise from an unexpected event – a car accident. It is important to understand that any given car accident (if truly unintentional) is unlikely to lead to a criminal mischief charge. But depending on the circumstances, someone may be charged with felony criminal mischief after a crash.

Criminal mischief requires willful (intentional) and malicious (wrongful and without lawful justification) damage to the property of another. In the context of a car accident, this could occur if someone deliberately hits another vehicle with theirs, causing damages. If the damages total over $1,000, criminal mischief is charged as a third-degree felony.

In rare cases, criminal mischief charges may arise from a car crash even if the actual contact with the vehicle was unintentional. Such a charge (if the defendant did not deliberately damage the other vehicle) is unlikely to stick in certain parts of Florida, but may in other jurisdictions in the state.

Whether damage from a car accident may be charged as criminal mischief even when the collision was not deliberate depends on the area of Florida someone is in. This is because some jurisdictions classify criminal mischief as a specific intent crime, while others classify it as a general intent crime. M.H. v. State, 936 So. 2d 1, 3 (Fla. 3d DCA 2006); J.R.S. v. State, 569 So. 2d 1323, 1325 (Fla. 1st DCA 1990); Stinnett v. State, 935 So. 2d 632 (Fla. 2d DCA 2006); Sanchez v. State, 909 So. 2d 981, 985 (Fla. 5th DCA 2005); In the Interest of J.G., 655 So. 2d 1284, 1285 (Fla. 4th DCA 1995)

Example cases of when criminal mischief may be charged even for unintentional collisions (if considered a general intent crime) may include:

• A driver frustrated with being passed abruptly veers into the passing lane to cut a vehicle off; the passing vehicle swerves off the road and hits a guardrail, causing damage.
• Following a near-collision, J parks partially in K’s driveway to “inconvenience them.” K misjudges distance as he tries to back out and hits J’s car, damaging K’s vehicle.
• During a parking garage dispute, C pulls his SUV sideways to obstruct the exit, forcing traffic to stop. B tries to navigate around C’s vehicle but fails and clips it, causing damage to B’s car.

The 2nd, 4th and 5th District Courts of Appeal consider criminal mischief a specific intent crime. This means the person must have willfully and maliciously attempted to damage the property of another and succeeded in that attempt. The above examples could not serve as the grounds for a criminal mischief conviction in these jurisdictions (the act was deliberate, but not done with the specific intent of damaging another’s property). 

By contrast, the 1st and 3rd DCAs view criminal mischief as a general intent crime. In M.H., the 3rd DCA held that a minor who recklessly rode and destroyed a scooter committed criminal mischief. Though the juvenile did not intend to damage or destroy the scooter, he “willfully and maliciously” committed an act that resulted in the damage, knowing it would or may be caused. 

According to the 1st and 3rd DCAs, criminal mischief only requires the defendant to have willfully and maliciously committed an act “with the knowledge that injury or damage will or may be caused.” Thus, an unintentional crash could qualify as criminal mischief if the act that caused it was deliberate and the damage it caused to another’s property was foreseeable (even if causing damage was not the defendant’s specific intent).

If someone is charged, there are many defenses to criminal mischief (Fla. Stat. 806.13) in Florida, which may include:

• Ownership or co-ownership of property
• Lack of willful and malicious conduct
• Mistake of ownership (good faith belief the property belongs to the defendant)
• Consent (such as a person turning over their junk car to be crushed in a monster truck rally)
• Disputing value of damage (not a total defense but can reduce charges)
• Alibi/mistaken identity
• False allegations 
• Involuntary intoxication: If the intoxication (ingestion of alcohol, drugs, etc.) was caused by force, fraud or medical necessity – and the defendant was incapable of forming intent to commit the alleged act at the time as a result. Brancaccio v. State, 698 So. 2d 597 (Fla. 4th DCA 1997). However, voluntary intoxication is not a defense (Fla. Stat. 775.051).

So, could a car crash lead to criminal mischief charges? It is clear the answer is yes, under certain circumstances. However, if it is truly an accident without any intent to damage or belief that damage would or may be caused, criminal mischief charges are not legally supportable in Florida simply because someone else’s vehicle got damaged.

In some Florida jurisdictions, criminal mischief is a specific intent crime – so no damage to a vehicle from a crash could lead to criminal mischief charges unless the defendant deliberately targeted the vehicle to damage it (such as intentionally slamming into it to run it off the road). 

But in other jurisdictions (1st DCA and 3rd DCA), criminal mischief is a general intent crime. This means criminal mischief charges may be brought even if damaging someone else’s vehicle was not the specific intent of the defendant – but they deliberately took actions they knew would or even may produce such damage.

In a criminal mischief case that arises from damage to another’s vehicle, it is vital to have the best representation possible, as this charge can carry heavy criminal and financial penalties. Don Pumphrey Jr. and the attorneys at Pumphrey Law have decades of experience fighting to win for clients across the state of Florida.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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