The juvenile’s problems are twofold: one did they commit an act of criminal mischief, and two was the act committed with evidence of prejudice.
Criminal mischief is when there is a willful and malicious destruction of property. Florida statute also carves in an exception that states that graffiti counts as criminal mischief. Criminal mischief is classified as a misdemeanor or felony based upon the dollar amount that the destruction caused. The standard threshold is $1,000. If under $1,000, the charge is typically classified as a first-degree misdemeanor, while $1,000 or more would be classified as a third-degree felony.
Florida also has a statute related to enhancing offenses based upon whether “the commission of such felony or misdemeanor evidences prejudice based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age of the victim.” The Statute elevates every offense “one degree higher.” A 1st degree misdemeanor would become a 3rd degree felony, and a 3rd degree felony would become a 2nd degree felony.
Any defense would include a review of the specific acts of destruction, to calculate the exact dollar amount the destruction caused. Additionally, the exact evidence of prejudice would have to be reviewed to ensure that it complies with the requirements of Florida statute to ensure that it targets a specifically protected group per the statute.
If you or your loved one are being accused of committing a crime, you should consult with one of our Criminal Defense Attorneys. don’t hesitate to call us at 352-WIN-4YOU We are available 24/7 and we offer payment plans.