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An old saying goes that a man’s home is his castle. In the 21st century, we might update this to “a person’s property is their castle.” Whether it’s a house, business, or something else, owning and maintaining property brings with it a unique sense of pride and accomplishment. Our property is an extension of ourselves. This is why it’s so hurtful when someone damages it.
Florida takes destruction of property seriously. Depending on what was damaged and the extent, someone accused of destroying property faces either misdemeanor charges or even felony charges punishable by years in prison and thousands of dollars in fines. Under some circumstances, the wrong person might be blamed for the damage. This could be either due to genuine mistaken identity or an act of retribution. Regardless of the motive, someone falsely accused of property damage may find themselves fighting an uphill battle.
Because the law is designed to protect property, prosecutors may aggressively pursue charges, even against those who are innocent. That’s why contacting an Orlando criminal defense attorney is critical if you’ve been accused of property damage. Our team of dedicated attorneys can review your case, help protect your rights, and work to ensure you are not unjustly punished for a crime you didn’t commit.
How Does Florida Law Define Destruction of Property?
Destruction of property is outlined under Title XLVI, Chapter 806 of the Florida Statutes. It falls under “criminal mischief.” While we may associate the word “mischief” with misbehaving children, when it comes to the law, it’s very serious. Title XLVI defines destruction of property as any behavior that damages another person’s property, including certain types of theft. For the purposes of Title XLVI, “damage” also includes graffiti and vandalism.
What Are Common Examples of Property Offenses in Florida?
Property offenses in Florida cover a range of crimes that involve unlawfully taking, damaging, or threatening someone else’s property. Common examples include:
Understanding the distinctions between these offenses is crucial, as each carries different penalties and legal consequences under Florida law.
How Are Property Charges Classified in Florida?
As with other offenses related to items of monetary value, the severity of charges for destruction of property is based on how much the property was worth. Generally speaking, the more valuable a piece of property is, the more severe the charges are and the harsher the potential punishment. Potential charges for destruction of property include, but are not necessarily limited to:
- Damage Worth Less than $200: Second Degree Misdemeanor
- Damage Worth Between $201-999: First Degree Misdemeanor
- Damage Worth $1000 or More: Third Degree Felony
What Are the Consequences of Graffiti and Destruction of Property Charges in Florida?
Remember that graffiti and other vandalism count as destruction of property. This means someone accused of graffitiing property could potentially face a felony conviction—and time behind bars.
Misdemeanors are considered more “minor” crimes. A conviction for first- or second-degree misdemeanor criminal mischief is punishable by between two months and one year in jail and a fine up to $1000. A conviction for third-degree felony criminal mischief is punishable by five years in prison and a $1000 fine.
Despite the “lighter” punishment, even a misdemeanor conviction can impact your ability to find and maintain certain types of employment or negatively affect your living situation. A felony conviction can be disastrous. This is why if you’ve been falsely accused of destruction of property in Florida, it’s vital you consult one of the experienced attorneys from our team.
What Are Defenses to False Allegations of Property Destruction?
Depending on the circumstances, there are multiple available defense strategies to protect you against false allegations of property destruction. A skilled attorney from our team can review your case and develop a custom defense strategy tailored to your circumstances.
1) Solid Alibi
An alibi is a primary defense strategy. If you can prove you were somewhere else at the time the destruction occurred, it can be significant in convincing a judge or jury of your innocence. Witnesses, security camera footage, and even social media content can be introduced to establish your whereabouts at the time of the destruction.
2) Challenging Primary Evidence
Challenging evidence is another key defense. An attorney can review the evidence obtained by police and the prosecution and identify inconsistencies and holes. Depending on what evidence the prosecution is relying on, it may point to another culprit, or it may prove insufficient to build a case against you. An attorney may have weak evidence suppressed before a trial even begins. If the prosecution were basing their case on this evidence, it could result in charges being dropped.
Obtaining any security footage of the area is also vital. We live in a highly surveilled society. CCTV security cameras and cell phones are everywhere. There is a good chance the damage was caught on video. If your attorney can subpoena or otherwise obtain any relevant footage or photos, they can demonstrate that someone else committed the crime.
3) Counter-suits
Filing a suit against the accuser may be another potential legal strategy. Suppose the person, company, or organization making the accusation is either trying to “make an example” of you or is acting in retribution. In that case, a counter suit might force them to reconsider their position. The potential financial losses and injury to their reputation that a lawsuit might bring could cause some accusers to withdraw their claims. This could lead to charges being dropped.
These are only a few potential legal strategies. It’s vital that you not speak to or engage with the person, company, or organization whose property was damaged or any of their representatives. Anything you say could be used as ammunition in a trial. Even if you are only attempting to explain your innocence, an overzealous prosecutor could interpret contacting the victim as a threat or attempt to intimidate. If you’ve been falsely accused of property damage, don’t engage with the victim, and don’t speak to the police without an attorney.
What Should I Do if I’ve Been Falsely Accused of Property Damage?
Being falsely accused of any crime is potentially intimidating. Being accused of destroying another person’s property can stigmatize you as violent, reactionary, and vindictive. It can also land you in prison for years. If you or a loved one has been falsely accused of damaging property, don’t take the accusations lying down—contact one of our team at The Defense Group.
At The Defense Group, we believe in providing a complete, custom-tailored defense to every one of our clients. There’s no “one size fits all” approach to defense. We’ll review the specific circumstances of your case and help protect you from false allegations. We don’t consider our job done until you can walk out of the courthouse a free—and worry-free– person.
Contact Our Experienced Criminal Defense Lawyer Today
False allegations are frightening. With The Defense Group in your corner, they don’t have to be. If you or a loved one has been falsely accused of property damage, don’t hesitate to call one of our attorneys today at 407-743-8430 to schedule your free case evaluation.
