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How Two People Can Be Charged Differently for the Exact Same Crime in Florida: Criminal Mischief (Vandalism) Laws

How Two People Can Be Charged Differently for the Exact Same Crime in Florida: Criminal Mischief (Vandalism) Laws

When It Comes to Criminal Mischief (Vandalism), Two People Can Be Charged Differently for the Exact Same Crime

Let’s say one night you and your friend have been drinking and decide to do something you think will be fun in the moment (but that you will definitely regret later!) 

You guys walk into a parking lot to check out all of the nice cars, and decide each of you is going to scratch one with your key. You both use the same key, and you both put a one inch scratch in a blue 2014  model car. You’re in it together, committing the exact same crime.

You are both subsequently caught and arrested for criminal mischief.

Only…when you’re formally charged, you’re looking at felony charges while your friend is only looking at a misdemeanor charge. 

You’re confused and wondering, ‘how is this possible?’ You scratched cars from the same year, in the same color, with the same key, and the same size scratch, and now he’s looking at up to one year in prison while you’re looking at up to five?

The difference is that your friend damaged a Toyota Corolla, and you damaged a Ferrari. The mechanic quoted $500 in damage to the Toyota, and $2,100 to the Ferrari.

And when it comes to the crime of criminal mischief (vandalism), the monetary amount of damage is what determines the severity of both the charge and the penalty.

  • When the property damage is valued at $200 or less, the person commits a second degree misdemeanor, punishable by up to 60 days in jail.
  • When the property damage is greater than $200 but less than $1,000, the offense is a first degree misdemeanor punishable by up to 1 year in jail.
  • When the amount of damage to the property exceeds $1,000, the offense is a third degree felony, punishable by up to 5 years imprisonment.

So unfortunately, in the same manner that luxury car owners pay more for gas and repairs, those who damage luxury cars face steeper charges. It may sound crazy, but we’ve seen it first hand in our office.

We had one client who damaged a car in a parking lot that was blocking the doorway to the stairs. The first question I asked when she came in was what type of car it was. 

When she told me it was a Maserati, I knew we might be facing felony charges.

Free Criminal Mischief Criminal Defense Consultation

If you’ve been criminally charged for criminal mischief (vandalism), there are many defenses available to you, but you’ll need an excellent criminal attorney on your side to take advantage of them.  

We handle criminal mischief cases of all types. We know how to protect your rights and provide you with a personalized and aggressive defense to your criminal charges.

 

Every case is different and appropriate defenses depend on the circumstances surrounding your individual case. If you’re facing criminal mischief charges we’d be happy to help.

 

Our firm offers a FREE strategy sessions so you know how we’ll work to achieve the best possible outcome for your case.

 

Give us a call today:

HOW WE WIN CRIMINAL MISCHIEF CASES IN SOUTH FLORIDA

  • Learn about how the Rossen Law Firm fought to get a Felony Criminal Mischief charge dismissed in Lauderdale-by-the-Sea, Florida.
  • Learn about how the Rossen Law Firm got Criminal Mischief, trespassing and disorderly conduct charges dismissed in Boynton Beach
Second DUI, 0.19 Breath
DUI Charge Dismissed
Federal Child Porn Possession
Mandatory Prison Time Avoided
Attempted Murder
Charges Dismissed
How We Win
Second DUI, 0.19 Breath
DUI Charge Dismissed
Federal Child Porn Possession
Mandatory Prison Time Avoided
Attempted Murder
Charges Dismissed
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kevin tabronkevin tabron
00:07 08 Sep 22
In one of the most stressful times in my life, Rossen Law Firm was there for me. Leaving no stone unturned they provided patience and knowledge in every detail of my case. I’m very thankful and proud of this law firm family and especially of my lawyer, Scott Simmons for guiding, defending and helping me in every way possible. He and this law firm family come highly recommended from personal experience!!!
Jason HigleyJason Higley
15:24 26 Aug 22
I had an unfortunate situation with a family member that lead to my arrest and being charged with DV Battery. This was the first time I had ever been arrested so I was very nervous and afraid of what was going to happen to me. After talking with Adam I decided to retain him and let me tell you this was the BEST decision I could have ever made. Adam made me feel so comfortable and confident that everything will turn out the best in my favor. He is professional, ethical and supportive. He was always available too answer any questions or concerns.Not to mention, his team at the office is awesome they are so friendly and welcoming. Anytime I had a question when I called the office they were able to guide me in the rightdirection. They always were in contact with me with any information or updates regarding my case. Adams team is GREAT!Adam delivered, my case was DISMISSED. So if you want an attorney the is gonna fight for you and get the job done retain the BEST there is Adam Rossen!!!
Felix I HFelix I H
13:27 28 Jul 22
Adam Rossen and the team at Rossen Law took great care in handling my case. They are very professional, and get the job done. I was particular relieved to see just how much empathy they showed with me, and how effortless it was to be their client.I literally visited them twice. My initial consultation, and then to pickup the final docs. I have nothing but great things to say about these folks, and I would highly recommend them to anyone. Thanks Guys.
Terry ChristopherTerry Christopher
12:32 09 May 22
I had an amazing experience with The Rossen Law Firm. The staff were very professional. Attorney Susan Lawson went above and beyond working on my case. We were thoroughly prepared for trial. Mrs. Lawson reviewed hours of body and dash camera footage multiple times and aggressively performed depositions on witnesses and law enforcement.The final outcome for me was the state dropped my case, due to the great work Susan and the Rossen team performed. I didn’t even need to go to trial.This law firm does not play around. They pay attention to detail and they FIGHT FOR YOU!Thank you Adam, team, and a special thank you to Susan for your amazing work! I really appreciate you.
Ketiana ProvinceKetiana Province
20:27 23 Mar 22
My experience with Rossen Law Firm was excellent. From the consultation to the end.. My attorney Susan Lawson gave my son's case all the time and attention that was needed to be successful in court. She was confident during all the court proceedings. My favorite part was when she said we are family, never once my son and I were treated other then that. I very much appreciate the knowledge and support I received through Rossen Law Firm.
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