Is Criminal Mischief a Specific Intent or General Intent Crime in Florida?

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

In Florida, criminal mischief is a very serious crime that occurs when someone willfully and maliciously damages the real or personal property of another by any means. Criminal mischief (Fla. Stat. 806.13) covers acts such as graffiti, knocking out windows with a baseball bat, and more.

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

• The defendant injured or damaged real or personal property of the victim
• The property belonged to someone other than the defendant
• The defendant acted willfully (intentionally) and maliciously (with intent to cause damage or with reckless disregard of the likelihood of damage)
• The defendant’s actions directly caused the damage

Note: “Willful” means the act was done deliberately. “Malicious” means the act was done with intent to harm the property or with reckless disregard for the consequences. Harris v. State, 318 So. 3d 645 (Fla. 2d. DCA 2021).

Penalties for criminal mischief range based on the amount of damage that was done to the property. 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 punishable by 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.), criminal mischief is a third-degree felony (if the damage is over $200)

A frequently debated question in Florida is whether criminal mischief is a specific intent or general intent crime. Though this may seem like an esoteric legal discussion, this has very real implications for the outcome of countless criminal cases every year in Florida.  

Under Florida law, specific intent crimes require the prosecution to prove that the defendant acted with a specific purpose or objective to achieve a particular result. The intent goes beyond merely performing the act and focuses on the intended outcome. Goodwin v. State, 734 So. 2d 1057 (Fla. 1st DCA 1998).

For a crime to be considered “specific intent,” the following must be true:

• The defendant must have a conscious desire or knowledge that their actions will cause a specific result.
• The defendant had purpose, knowledge, or intent to cause a particular harm

Defenses like mistake of fact or lack of intent are more applicable to specific intent crimes, as the prosecution must prove the defendant’s specific mental state.

By contrast, general intent crimes require that the defendant intended to perform the act that constitutes the crime – regardless of the specific outcome. The focus is on the act itself, not a particular result. M.H. v. State, 936 So. 2d 1, 3 (Fla. 3d DCA 2006)

So, is criminal mischief a specific or general intent crime? The answer is – it depends where you are in Florida. 

Some District Courts of Appeal have found criminal mischief to require a specific intent to damage or destroy property, while others have found criminal mischief to be committed when the defendant performs an act that they knew or should have known was likely to damage the property – even if this wasn’t intended. 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); 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).

In Stinnett (2nd DCA), Sanchez (5th DCA) and In the Interest of J.G. (4th DCA), courts have held that specific intent to damage the property of another is required for criminal mischief to be committed. “Accordingly, because the criminal mischief statute requires that the offender act against the property of another willfully and with malice, we hold that the trial court erred in denying J.G.’s motion for judgment of acquittal.” J.G. at 1285.

By contrast, in Florida’s 1st and 3rd DCAs, criminal mischief is 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). 

In M.H., the 3rd DCA held that a juvenile who recklessly rode and destroyed a scooter committed criminal mischief. Even though the juvenile did not intend to damage or destroy the scooter, he “willfully and maliciously” committed an act that resulted in that damage, knowing that it would or may be caused.

“While there is no evidence of a specific intent to injure or destroy the property, no such specific intent is required. Because we find, as did the jury, that there is sufficient record evidence to establish that the appellant willfully (intentionally, knowingly, and purposely), and maliciously (wrongfully, intentionally, without legal justification or excuse) committed an act (drove the scooter through a narrow opening in a fence in an attempt to elude the police), with the knowledge that injury or damage will or may be caused, we conclude that there was sufficient evidence presented to sustain the appellant’s conviction for criminal mischief.” M.H. at 3.

Whether criminal mischief is specific or general intent has very real implications for some criminal cases. This is because if criminal mischief is a general intent crime (2nd, 4th and 5th DCAs), someone may be convicted even if they did not technically intend to damage or destroy property (but acted in a manner that they knew or should have known would or may damage it). 

By contrast, if criminal mischief is a specific intent crime (1st and 3rd DCAs), this requires that the defendant intentionally damaged the property through their actions. The target of the offense must have been the property, and damage must have resulted due to the willful and malicious acts of the defendant against the property itself.

Defenses to criminal mischief in Florida may include:

• Ownership or co-ownership of property
• Mistake of ownership (good faith belief the property belongs to the defendant when it was damaged)
• 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 

The above defenses apply regardless of if criminal mischief is a general or specific intent crime. However, the defense of lack of intent to damage the property is only applicable as a total defense if criminal mischief is a specific intent crime. Thus, lack of intent to damage property is only currently a valid defense in the 2nd, 4th, and 5th DCAs, but not in the 1st or 3rd.

In sum, whether criminal mischief is a specific or general intent crime in Florida is disputed by Florida’s District Courts of Appeal. In some judicial circuits (1st DCA and 3rd DCA), criminal mischief is a general intent crime – requiring a malicious and willful act that damaged property, and that the defendant knew or should have known risked property damage.

By contrast, other circuits recognize criminal mischief as a specific intent crime (the defendant must have willfully and maliciously acted against the property itself and intentionally damaged it). Whether the Florida Supreme Court will rule on this issue and create a uniform standard throughout the state is yet to be determined.

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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