Defending Clients Facing Destruction of Property and Vandalism Charges
In Florida, a crime of criminal mischief is committed when damage done to property belonging to someone else was done willfully and maliciously. The intent is to cause damage and harm to that person through the destruction of their property. Included in the definition of criminal mischief are the crimes of graffiti and vandalism.
At the Orlando law office of Jeanette Dejuras Bigney, Ms. Bigney uses her years of criminal defense experience to provide personalized and aggressive defense to individuals facing misdemeanor and felony criminal mischief charges. She is a dedicated advocate who strives to protect her clients' rights at every stage of their cases. Their may be facts used to defend you against criminal mischief charges.
For more information or to discuss your criminal mischief charges, contact attorney Jeanette Dejuras Bigney today at 407-680-2114.
Penalties for a Criminal Mischief Conviction
When discussing the potential penalties you face if convicted on a criminal mischief charge, it is important to note that the penalty depends on the extent of the damage that was done to the property. In addition to penalties, their may also be restitution, or payment for replacement and for repairs to the damaged property. Below are some of the penalties that you may be facing:
- Felony: 3rd degree offense − up to five years in jail and $5000 in fines (if the damage done is valued at more than $1000)
- Misdemeanor: 1st degree offense − up to one year in jail and $1000 in fines (if the damage is valued at more than $200 but less than $1000)
- Misdemeanor: 2nd degree offense − 60 days in jail and $500 in fines (if the damage is valued at less than $200)
Also, if you have already have a conviction for criminal mischief on your record, and are facing a subsequent charge, it will be considered a felony of the 3rd degree regardless of the amount of damage done.
When a criminal mischief charge includes graffiti, there will be mandatory fines and community service required if convicted.
Restitution
Restitution is payment for replacement and/or repairs to a person or entity's damaged or lost property. Restitution can be agreed upon as part of a plea or mitigation of criminal charges. Restitution can also be ordered by the court as part of sentencing.
Restitution is most often ordered in injury or property crimes. Battery is one example of an injury case; a client may have to pay for medical expenses. Burglary and criminal mischief are examples of property crimes; a client may pay for repairs or replacement. Unless the amount of damages is agreed upon, Jeanette Bigney will seek a restitution hearing. During a restitution hearing, Jeanette Bigney will make the State prove damages are related to the criminal act and the amount sought is the present fair market value. As a part of your case, Jeanette Bigney will defend restitution issues.
Contact a Criminal Mischief Defense Attorney
Do not risk your future when dealing with criminal mischief charges. Contact attorney Jeanette Dejuras Bigney today for a free initial consultation. Her office is located in downtown Orlando, just minutes away from the Orange County Courthouse. Available weekdays from 8:30 a.m. to 5 p.m., she also offers evening and weekend appointments.
