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Criminal Mischief Less Than $200 | CRMS1000 Criminal Defense in Tampa, FL
If you’ve been charged with CRMS1000 Criminal Mischief Less Than $200 in Florida, you are facing a second-degree misdemeanor. Even though the damage may seem minimal, a conviction can still result in criminal penalties and a permanent criminal record. Attorney W.F. “Casey” Ebsary Jr. is dedicated to helping clients in Hillsborough County and throughout Florida fight criminal mischief charges. Call (813) 222-2220 today for a confidential consultation and to learn more about how we can help.
What Is Criminal Mischief Less Than $200?
CRMS1000 refers to the crime of willfully and maliciously damaging or injuring property valued at $200 or less. This includes actions such as vandalizing cars, breaking windows, or other minor acts of destruction. Under Florida Statute 806.13, if the property damage falls within this amount, the offense is considered a second-degree misdemeanor, which can still carry serious consequences.
Example of CRMS1000 Criminal Mischief (Malicious Damage under $200) would be:
Imagine someone scratches the paint on a neighbor’s car out of spite after an argument. The damage costs around $150 to repair. The act was done intentionally and with malice, meaning it was done with the intent to harm the neighbor’s property. In this case, the person could be charged with CRMS1000, as the malicious act resulted in damage to someone else’s property, and the damage was less than $200, making it a second-degree misdemeanor under Florida law.
Potential defenses to CRMS1000 Criminal Mischief (Malicious Damage under $200):
- Lack of Intent: One of the key elements of criminal mischief is the intentional act of damaging property. If you can prove that the damage was accidental or not done with malice or intent, this could be a defense. For example, if the damage occurred during a moment of clumsiness or was caused by a mechanical failure, this could potentially negate the charge.
- Consent: If the property owner had given consent for you to alter, modify, or damage their property (for example, you were repairing the property or making a modification that they agreed upon), this could be used as a defense. Without consent, any damage to their property can be classified as criminal mischief.
- Mistaken Identity: If you were mistakenly identified as the person who caused the damage, a defense strategy could involve showing that you were not the person who committed the act. Evidence, such as an alibi or lack of surveillance footage, could help prove your innocence.
- No Malicious Intent: Florida law requires the act to be done “willfully and maliciously.” If you can show that you did not act out of spite or with a malicious intent, it could potentially reduce the charge or result in a dismissal. For example, if the damage was caused unintentionally or as a result of a misunderstanding, you might not meet the criteria for “malicious.”
- Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that the damage was committed by you and that it meets the criteria of criminal mischief. If there is a lack of concrete evidence, such as witness testimony, video footage, or forensic evidence linking you to the crime, this could be a defense to challenge the charges.
Frequently Asked Questions About Criminal Mischief Less Than $200
Criminal mischief involves willfully and maliciously damaging or injuring property that belongs to someone else. It includes acts such as vandalism, graffiti, or other forms of intentional damage. Even minor damage can lead to criminal charges, especially if the damage exceeds $200.
For a conviction of CRMS1000, you could face up to 60 days in jail, six months of probation, and a fine of up to $500. Additionally, you may be ordered to pay restitution to the victim for repairs or replacement of the damaged property. A conviction can also affect your employment prospects and future opportunities.
“Willfully” means that the damage was done on purpose, not by accident. “Maliciously” means that the act was done with ill will or spite, intending to harm or hurt someone. These two elements are essential in proving criminal mischief charges, and defenses can often be based on showing that the damage was not intentional or malicious.
Yes, graffiti is a common form of criminal mischief under Florida law. If someone sprays graffiti on a wall, vehicle, or other property without the owner’s permission, it can lead to criminal mischief charges. The severity of the charge will depend on the value of the damage caused.
If the damage caused by the criminal mischief is valued at less than $200, the charge is a second-degree misdemeanor, classified as CRMS1000. This is a less severe charge than if the damage exceeds $200 but still carries penalties such as jail time, fines, and restitution.
Yes, you can still be charged with criminal mischief even if the property is abandoned, as long as it belongs to someone and the owner can be identified. Property ownership is a key factor in criminal mischief cases, and damage to abandoned property may still result in charges if someone claims ownership.
In some cases, first-time offenders may be eligible for a diversion program. This program allows individuals to avoid a criminal conviction if they complete certain requirements, such as community service or paying restitution. A skilled criminal defense attorney can help determine if this is an option for you.
The damage amount is usually determined through repair estimates, receipts, or expert testimony. If the property owner can prove that the damage caused by the defendant is worth $200 or more, the charges could increase to a higher degree of offense. It’s essential to understand how the damage is calculated to build a strong defense.
Offering to pay for the damages can be a confession, but show that you are willing to make things right, but it does not automatically prevent criminal prosecution. However, paying restitution may be used in negotiations BY YOUR ATTORNEY. It’s important to consult with a lawyer before making such an offer.
Even though CRMS1000 is a misdemeanor, it can have serious consequences. A conviction can remain on your record, which may affect your future job prospects and travel plans. Hiring an experienced criminal defense lawyer like W.F. “Casey” Ebsary Jr. can help you explore possible defenses, negotiate plea deals, or get the charges dropped entirely.
Contact a Tampa Criminal Defense Attorney Today
Call Us at 813-222-2220
If you have been charged with CRMS1000 Criminal Mischief Less Than $200, it’s crucial to get legal advice right away. Attorney W.F. “Casey” Ebsary Jr. has years of experience defending clients in Hillsborough County and can help you navigate the complexities of the legal system. Contact our office today at (813) 222-2220 or visit our Contact Page to schedule a free consultation.