Is Criminal Mischief A Felony or Misdemeanor in Florida?

July 29, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, criminal mischief is a serious offense. If someone is arrested and formally charged with criminal mischief, one of the first questions often asked is whether this is a felony or a misdemeanor. The answer is that criminal mischief can be either – but it depends on the value of the property allegedly damaged.

This blog will discuss the elements of felony and misdemeanor criminal mischief, explain when these are likely to be charged, as well as potential penalties.

For someone to be convicted of criminal mischief in Florida, the State must establish all of the following elements beyond a reasonable doubt: 

• The defendant injured or damaged real or personal property
• The property injured or damaged belonged to the victim, or person who alleged the crime
• The injury or damage to the property was done willfully and maliciously

A willful act occurs when it is done intentionally or knowingly, as opposed to accidentally or involuntarily. A malicious act occurs when it is done with ill will, hatred, spite or evil intent.

It is important to note that because criminal mischief (Fla. Stat. 806.13) requires the damage caused to be intentional and malicious, accidental damage (or even damage due to negligence) is not considered criminal mischief. Sanchez v. State, 909 So.2d 981 (Fla 5th DCA 2005)

Examples of acts that constitute criminal mischief may include any of the following:

• Spray painting graffiti on the wall of someone’s home or business without permission
• Slashing someone’s car tires as retaliation during an argument
• Intentionally throwing a brick through someone’s window, shattering it

Florida’s courts have generally held that if somebody intended to harm a person but instead unintentionally damages property (by accidentally breaking a car window with a punch intended to strike a person, for example), this is not criminal mischief. The crime requires specific intent to damage property. In the Interest of J.G., 655 So.2d 1284 (Fla 4th DCA 1995).

Examples of acts that do not constitute criminal mischief under Fla. Stat. 806.13 include any of the following:

• Accidentally throwing a baseball through a neighbor’s window while playing catch in the yard
• Removing and disposing of a political sign that was planted on your property (even if the sign was not yours)
• Tripping on a neighbor’s planter and breaking it by accident
• Leaning on someone’s car and unintentionally denting it

Depending on the value of the property damaged during an alleged act of criminal mischief, the severity of the charge varies in Florida.

Under Fla. Stat. 806.13, the following scheme applies:

• 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)

In rare cases, felony criminal mischief may trigger Florida’s 10-20-Life law. This law (Fla. Stat. 775.087) imposes harsh mandatory minimum prison sentences on offenders who use a firearm during the commission of many felonies in the state.

If the value of the intentional and malicious property damage makes the offense a felony, the following enhancements may apply:

• If the firearm is carried or brandished during the offense, a mandatory minimum sentence of 10 years in prison
• If the firearm is discharged but does not cause injury or death, a mandatory minimum sentence of 20 years in prison
• If the firearm is discharged and does cause injury or death, a mandatory minimum sentence of 25 years to life in prison

Though this is relatively uncommon in a criminal mischief cases, some examples of when a felony criminal mischief (over $1,000) charge may trigger 10-20-Life for sentencing purposes include:

• Someone gets angry at a nightclub and uses a gun to smash the glass of the front door, causing $2,000 in damage (10 years)
• Someone fires a gun into the air then shoots out the windows of their ex-employer’s office in the middle of the night, causing $3,500 in damage (20 years for discharge)
• Someone shoots out traffic lights during an illegal drag race, causing $4,000 in damage (20 years for discharge)
• Someone shoots out a window at a place of worship while it is unoccupied, causing $400 in damage (20 years for discharge, felony for over $200 in damage at place of worship)

In sum, criminal mischief can be charged as a felony or misdemeanor in Florida. If the value of the property that was intentionally, willfully and maliciously damaged exceeds $1,000 or is done to a place of worship and exceeds $200, criminal mischief is a third-degree felony (punishable by up to 5 years in prison and a $5,000 fine). If the value of the property damage is under these respective amounts, criminal mischief is considered a misdemeanor.

In rare cases, criminal mischief may trigger Florida’s 10-20-Life law – which imposes harsh mandatory minimums for forcible felonies involving the use of a firearm. However, this only applies if the firearm was used to commit the criminal mischief and the damage caused is over the threshold that triggers a third-degree felony classification.

In a criminal mischief 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.

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