Crime Involving Property Damage

Crime Involving Property Damage

In Florida, when you commit a crime involving property damage it is called criminal mischief. You may think that getting mad at your neighbor after a few beers and keying his car is not that big of a deal, but it is. If the damage is over $1,000 then you have committed a third degree felony. If it is over $200 but under $1,000 it is a first degree misdemeanor. If under $200, it's a second degree misdemeanor. And, if this is not your first time damaging property and you have a prior conviction for criminal mischief, the charge automatically gets upgraded to a third degree felony. Interestingly, the law also provides that if an individual willfully and maliciously damages a sexually violent predator detention or commitment facility, the charge is a third degree felony. An interesting twist to this crime sometimes comes in the context of landlord-tenant relationships and eviction law. What if a tenant moves out of your rental property and commits an incredible amount of damage. Broken windows, graffiti, scratched up hardwood floors, etc. Did the tenant commit the crime of criminal mischief which would trigger a criminal investigation and possible arrest? Or would this fall under civil law and require the landlord to sue the tenant for damages? The answer to this question is that the damage would almost certainly be considered a violation of the contractual obligation of the tenant to maintain the premises and the landlord's remedy would be a civil law suit. On the other hand, what if the tenant moves out and the landlord finds appliances missing? This could be considered grand theft and would more likely trigger a criminal investigation by the police that might lead to an arrest. Crime Involving Property Damage If you have been arrested for criminal mischief or need a tenant evicted, call our experienced Pasco County attorneys today.