How Challenging Property Value Can Reduce Criminal Mischief or Theft Charges in Florida

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, criminal mischief and theft can either be charged as a felony or a misdemeanor. Criminal mischief (Fla. Stat. 806.13) occurs when someone willfully and maliciously damages the property of another. It is also commonly referred to as vandalism.

Theft (Fla. Stat. 812.014) occurs when someone obtains, uses, or attempts to obtain or use the property of another for either of the following purposes: 

• Depriving the owner of the property temporarily or permanently, or
• Appropriating the property for the defendant’s use or the use of another person not entitled to it (without the permission of the owner)

A key question in determining whether felony or misdemeanor criminal mischief or theft charges should be brought is the value of the property involved. Even if someone is convicted of the underlying offense, disputing that the stolen or damaged property was as valuable as the State claims can significantly reduce the penalties someone may face.

This blog will explore how to effectively dispute the value of the property at the center of a theft or criminal mischief case, and the reduction in charges that can occur as a result.

First, it should be noted that challenging the value of the property involved in a criminal mischief or theft case is a partial defense. Intentionally stealing or damaging the property of another without lawful justification remains a crime – but the penalties someone may face can be significantly reduced by a value challenge.

In Florida, the penalties for criminal mischief escalate significantly depending on the value of the property that is willfully and maliciously damaged: 

• If the property damage totals under $200, criminal mischief is a second-degree misdemeanor (punishable by up to 60 days in jail and a $500 fine)
• If the property damage totals $200 to $1,000, criminal mischief is a first-degree misdemeanor (punishable by up to 1 year in jail and a $1,000 fine)
• If the property damage totals $1,000 or more, criminal mischief is a third-degree felony (punishable by up to 5 years in prison and a $5,000 fine)
• If the criminal mischief causes over $200 in damage to a place of worship, it is automatically upgraded to a third-degree felony (punishable by up to 5 years in prison and a $5,000 fine)

The same goes for theft. If someone is charged with petit or grand theft in Florida, the following sentencing scheme applies: 

• Second-degree misdemeanor punishable by up to 60 days in jail and a $500 fine: If the property was worth less than $100 and no enhancements apply
• First-degree misdemeanor punishable by up to 1 year in jail and a $1,000 fine: If 1) the property was worth more than $100 but less than $750, 2) was worth $40 or less and was stolen from a home or an enclosed area (such as a porch), or 3) worth less than $100 but the defendant has a prior theft conviction, a first-degree misdemeanor
• Third-degree felony punishable by up to 5 years in prison and a $5,000 fine: If 1) the property was worth <$750 and the defendant has two or more prior theft convictions, 2) the item stolen was a firearm of any value, 3) if the value of the item(s) was between $750 and $20,000 and the defendant does not have prior theft convictions, or 4) if a motor vehicle, will (or other testamentary instrument), or emergency or law enforcement equipment under $300 in value is stolen
• Second-degree felony punishable by up to 15 years in prison and a $10,000 fine: If the 1) property was worth between $20,000 and $100,000, 2) Property worth between $5,000 and $20,000 is stolen during a riot, aggravated riot, or state of emergency, 3) Retail theft of items aggregating to $3,000 or more in value within a 120-day period (or involving 20 or more items) 4) A second conviction for retail theft, or 5) Theft by a group of five or more people when social media was used to solicit participants
• First-degree felony punishable by up to 30 years in prison and a $10,000 fine: If 1) Property is worth $100,000 or more, 2) Theft of cargo occurs that is worth over $50,000 in interstate/intrastate commerce, 3) Theft of a law enforcement semitrailer, 4) Use of a motor vehicle as an instrument to the theft and causing $1,000 in damage, 5) Theft during a riot, aggravated riot or state of emergency with value over $20,000.

Critically, the State must prove the value of the property involved in a criminal mischief (or theft) case beyond a reasonable doubt. If they fail to do so, this requires a reduction in the charges that a defendant faces. Harris v. State, 288 So.3d 711 (Fla. 4th DCA 2020); Marrero v. State, 71 So.3d 881 (Fla. 2011)

Note: Though this principle generally applies, it does not in certain cases (where the value of the item is irrelevant to the charge). For example, if someone is found to have stolen a firearm, the value of the firearm does not impact the underlying charge. It remains grand theft of a firearm, a third-degree felony.

When value is in dispute in a theft or criminal mischief case, courts use the following factors to evaluate the true value of the damaged or allegedly thieved property (R.C.R. v. State, 916 So.2d 49 (Fla. 4th DCA 2005)):

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

Critically, the sentimental (subjective) value of property cannot be used as a stand-in for the objective monetary value of a damaged or stolen item. Marrero v. State, 71 So.3d 881 (Fla. 2011). For example, if someone “feels” that a stolen ring was worth $10,000 to them but its actual value would be around $500, the objective value is used in determining charges.

Moreover, a mere “guess” by the owner of the allegedly damaged or thieved property cannot serve as the basis for a value assessment. In Sanchez, the 2nd DCA held that a store manager’s “guess” that the damage to a door was over $200 was insufficient to convict the defendant of first-degree misdemeanor criminal mischief. Sanchez v. State, 270 So.3d 515 (Fla. 2d. DCA 2019)

Courts have also held that using the asking price for similar items on eBay and other platforms as proof of the value of the property involved is improper. Gonzalez v. State, 275 So.3d 766 (Fla. 3d. DCA 2019). The calculations must be made based on objective metrics, such as the factors outlined in R.C.R.

Hypothetical examples of when challenging value may be relevant in a criminal mischief or theft case include:

• J is alleged to have smashed G’s laptop and is charged with criminal mischief. G says the laptop was worth $1,050 dollars – but given its condition and depreciation, it is actually worth about $700. This makes the difference between felony (up to 5 years in prison) and misdemeanor (up to 1 year in jail) criminal mischief.
• B is alleged to have stolen C’s handbag from a diner. C says she bought it for $125 (first-degree misdemeanor if worth over $100). However, B’s defense counsel argues that due to the deteriorated condition and age of the item, it is closer to $80 (second-degree misdemeanor, below $100 in value).
• In an argument with L, K scratches L’s car. After getting the damage assessed, L decides to buy a new $10,000 car instead of getting a $500 repair. Prosecutors argue for felony criminal mischief (>$1,000) based on replacement cost. However, K’s defense observes that the value of the damage was assessed at $500, so the cost of the new car cannot be used to inflate the charge. Newland v. State, 117 So.3d 482 (Fla. 2d. DCA 2013)

It is important to recall that there are complete defenses to both criminal mischief and theft. Challenging value is a partial defense (reducing the charges), but will not totally defeat the charge.

Total defenses may include:

• Mistake of ownership (good-faith believe someone owned the property)
• No intent to damage/steal the property
• Lack of evidence
• Mistaken identity/alibi defense 
• Procedural challenges to suppress evidence and post-arrest statements (may defeat the State’s case if successful)

In sum, the severity of criminal mischief charges and theft charges (whether grand/petit) can be significantly reduced by challenging the value of the property involved. In these cases, the State must prove beyond a reasonable doubt that the value of the allegedly damaged or stolen property is what they claim for it to be.

This is an aspect of criminal mischief and theft cases that are often overlooked. However, challenging the valuation of the property at the center of a case can make a significant difference in the outcome of many criminal mischief in theft cases – particularly if it is clear the State has significantly overvalued the property or overestimated the damage (based on speculation, etc.)

In a criminal mischief or theft case, 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.

  Social Share