Former State Prosecutor
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Juvenile Criminal Mischief cases while usually, an unthinking and immature act can have far reaching implications for your child. The Morris Law Firm represents juveniles charged with criminal mischief. Regardless of the circumstances, or how minor the crime may seem, having experienced legal defense is extremely important to fight for your child's rights and protect his or her future. Additionally, under Florida law, a child's parents or legal guardian may be responsible for paying fines due to a minor's criminal mischief, thus obtaining legal counsel is highly recommended.
Before communicating or making statements to any law enforcement agencies, or Department of Children and Families concerning allegations of juvenile criminal mischief, contact the Morris Law Firm, P.A.. The State of Florida penalties for criminal mischief are harsh and far-reaching. A minor charged with criminal mischief may be responsible for paying fines and/or restitution, have to perform community service, and may have their driver's license revoked (or its issuance may be withheld in the case of a minor's driver's license).
It is important to understand that you have one chance to defend your child; the Morris Law Firm, P.A. is available to aggressively defend your child. Contact us today at, (727) 388-4736 or fill out our online form to be contacted for a Free Initial Consultation.
The State of Florida laws regarding juvenile criminal mischief vary according to the crime committed, but can include fines of over $1000, paying restitution, hundreds of hours of community service, loss of driver's license and a permanent criminal record. Certain juvenile criminal mischief cases may also be charged as felonies putting your child's future at risk as their criminal record may affect their current schooling, admission to college, and future employment opportunities.
As a former State Assistant Attorney and Juvenile Crimes prosecutor, Attorney Melinda Morris is an experienced criminal defense attorney that is willing to work diligently to defend your child against the following juvenile criminal mischief offenses:
You have a very narrow window of time between when you are arrested and when the State Attorney's office makes a decision to file a criminal charge against you. Hiring an attorney immediately to negotiate on your behalf gives you the best chance of avoiding criminal charges.
806.13 Criminal mischief; penalties; penalty for minor.--
(1)(a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto.
(b)1. If the damage to such property is $200 or less, it is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
2. If the damage to such property is greater than $200 but less than $1,000, it is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
3. If the damage is $1,000 or greater, or if there is interruption or impairment of a business operation or public communication, transportation, supply of water, gas or power, or other public service which costs $1,000 or more in labor and supplies to restore, it is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
4. If the person has one or more previous convictions for violating this subsection, the offense under subparagraph 1. or subparagraph 2. for which the person is charged shall be reclassified as a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) Any person who willfully and maliciously defaces, injures, or damages by any means any church, synagogue, mosque, or other place of worship, or any religious article contained therein, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the damage to the property is greater than $200.
(3) Whoever, without the consent of the owner thereof, willfully destroys or substantially damages any public telephone, or telephone cables, wires, fixtures, antennas, amplifiers, or any other apparatus, equipment, or appliances, which destruction or damage renders a public telephone inoperative or which opens the body of a public telephone, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084; provided, however, that a conspicuous notice of the provisions of this subsection and the penalties provided is posted on or near the destroyed or damaged instrument and visible to the public at the time of the commission of the offense.
(4) Any person who willfully and maliciously defaces, injures, or damages by any means a sexually violent predator detention or commitment facility, as defined in part V of chapter 394, or any property contained therein, commits a felony of the third degree, punishable as provided in s.775.082, s. 775.083, or s. 775.084, if the damage to property is greater than $200.
(5)(a) The amounts of value of damage to property owned by separate persons, if the property was damaged during one scheme or course of conduct, may be aggregated in determining the grade of the offense under this section.
(b) Any person who violates this section may, in addition to any other criminal penalty, be required to pay for the damages caused by such offense.
(6)(a) Any person who violates this section when the violation is related to the placement of graffiti shall, in addition to any other criminal penalty, be required to pay a fine of:
1. Not less than $250 for a first conviction.
2. Not less than $500 for a second conviction.
3. Not less than $1,000 for a third or subsequent conviction.
(b) Any person convicted under this section when the offense is related to the placement of graffiti shall, in addition to any other criminal penalty, be required to perform at least 40 hours of community service and, if possible, perform at least 100 hours of community service that involves the removal of graffiti.
(c) If a minor commits a delinquent act prohibited under paragraph (a), the parent or legal guardian of the minor is liable along with the minor for payment of the fine. The court may decline to order a person to pay a fine under paragraph (a) if the court finds that the person is indigent and does not have the ability to pay the fine or if the court finds that the person does not have the ability to pay the fine whether or not the person is indigent.
(7) In addition to any other penalty provided by law, if a minor is found to have committed a delinquent act under this section for placing graffiti on any public property or private property, and:
(a) The minor is eligible by reason of age for a driver's license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to revoke or withhold issuance of the minor's driver's license or driving privilege for not more than 1 year.
(b) The minor's driver's license or driving privilege is under suspension or revocation for any reason, the court shall direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an additional period of not more than 1 year.
(c) The minor is ineligible by reason of age for a driver's license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor's driver's license or driving privilege for not more than 1 year after the date on which he or she would otherwise have become eligible.
(8) A minor whose driver's license or driving privilege is revoked, suspended, or withheld under subsection (7) may elect to reduce the period of revocation, suspension, or withholding by performing community service at the rate of 1 day for each hour of community service performed. In addition, if the court determines that due to a family hardship, the minor's driver's license or driving privilege is necessary for employment or medical purposes of the minor or a member of the minor's family, the court shall order the minor to perform community service and reduce the period of revocation, suspension, or withholding at the rate of 1 day for each hour of community service performed. As used in this subsection, the term "community service" means cleaning graffiti from public property.
(9) Because of the difficulty of confronting the blight of graffiti, it is the intent of the Legislature that municipalities and counties not be preempted by state law from establishing ordinances that prohibit the marking of graffiti or other graffiti-related offenses. Furthermore, as related to graffiti, such municipalities and counties are not preempted by state law from establishing higher penalties than those provided by state law and mandatory penalties when state law provides discretionary penalties. Such higher and mandatory penalties include fines that do not exceed the amount specified in 125.69 and 162.21, community service, restitution, and forfeiture. Upon a finding that a juvenile has violated a graffiti-related ordinance, a court acting under chapter 985 may not provide a disposition of the case which is less severe than any mandatory penalty prescribed by municipal or county ordinance for such violation.
If your child has been contacted by law enforcement, arrested or facing charged relating to a juvenile criminal mischief offense in Pinellas County or Hillsborough County, Florida, contact the Morris Law Firm, P.A.. We are also able to answer your questions about general juvenile crimes in St. Petersburg and Clearwater, Pinellas County, Florida and areas in Manatee, Pasco, Sarasota, and Hillsborough Counties. Provide the Morris Law Firm, P.A. with your child's case details in our online form, or call us today at (727) 388-4736.
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