When a young person is accused of vandalism or property damage, the consequences can extend far beyond paying for repairs. These offenses, often charged as criminal mischief under Florida law, can affect school opportunities, employment prospects, and even a child’s future record. At Van Elswyk Law, we help families understand the charges, the potential outcomes, and the defenses that may apply.

What Counts as Vandalism or Criminal Mischief?

In Florida, criminal mischief is the legal term for vandalism or willfully damaging another person’s property. This can include acts like:

  • Breaking windows
  • Spray-painting walls or vehicles
  • Damaging mailboxes
  • Keying a car
  • Destroying school property

For juveniles, even what might seem like a prank can quickly become a criminal charge. Intent matters, but so does the amount of harm caused.

Factors That Affect the Severity of Charges

The severity of vandalism or criminal mischief charges can depend on several factors, including:

  • Amount of Damage: The greater the property damage, the more serious the charge. For instance, if the damage is worth over $1,000, the crime could be considered a felony. Lesser amounts may lead to misdemeanor charges.
  • Type of Property: If the property damaged is a public structure, a place of worship, or critical infrastructure, the charge can be more severe. For example, damaging government property can result in stiffer penalties.
  • Prior Offenses: A juvenile’s criminal history also plays a role in determining the severity of the charge. Repeat offenders may face more severe penalties.

Restitution and Civil Liability

Courts in Florida almost always require restitution in vandalism cases. That means the offender, or in the case of juveniles, often their parents, must pay for the cost of repairs or replacement. Restitution is separate from any criminal penalties, such as probation or community service.

In addition to restitution, families should also be aware of potential civil liability. Property owners may pursue a civil lawsuit to recover additional damages, especially if insurance does not cover all costs. This can place further financial strain on parents if their child is accused of causing the damage.

Common Defenses to Vandalism Charges

Every case is different, but several defenses may apply to vandalism or property damage charges:

  • Lack of Intent: If the damage was accidental, it may not qualify as criminal mischief.
  • Mistaken Identity: Sometimes, property damage occurs in a group setting, and the wrong person is blamed.
  • Insufficient Evidence: Without reliable witnesses, video footage, or physical proof, the State may struggle to prove its case.
  • Consent: If the property owner gave permission, damage may not be considered vandalism.

An experienced attorney will review the details carefully to determine the best defense strategy.

Juvenile vs. Adult Consequences

One of the biggest questions families have is how charges will affect a child’s record. Florida treats juvenile and adult offenders differently, but both face serious outcomes.

  • Juvenile Offenders: Juvenile court emphasizes rehabilitation. A child found delinquent may face probation, community service, restitution, counseling, or placement in a diversion program. While these consequences may seem less severe, a juvenile record can still have long-term effects if not properly addressed.
  • Adult Offenders: Once someone turns 18, the stakes are much higher. Adult charges can include jail time, probation, fines, and a permanent criminal record. Felony convictions, in particular, can affect housing, employment, and future opportunities.
  • Direct File Cases: In some situations, prosecutors may choose to “direct file” a case, meaning a juvenile is tried as an adult. This usually happens when the damage is extensive, the child has prior offenses, or the act involved other serious criminal behavior.

How We Can Help

If you or your child is facing vandalism or property damage charges, the first step is to understand the legal process and the potential outcomes. At Van Elswyk Law, we will listen to your concerns, explain your options, and work toward the best possible resolution. That may mean fighting for a dismissal, negotiating reduced charges, or pursuing diversion programs that allow a young person to move forward without a lasting mark on their record.

Contact an Experienced Bradenton, Sarasota & Tampa Vandalism and Property Damage Attorney

Vandalism and property damage charges can have lasting consequences, but you do not have to face them alone. Contact Van Elswyk Law today to schedule a consultation. We will stand by your side and fight to protect your future.