Fla. Stat. § 806.13
Criminal Mischief
Vandalism is charged as "criminal mischief" in Florida, and the damage amount decides everything — including whether it’s a felony. Here are the tiers.
Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183).
Last reviewed: June 2026
Graded by Damage
Under § 806.13, criminal mischief is willfully and maliciously damaging someone else’s property. Graffiti, keying a car, and breaking windows all fall here. The degree turns on the dollar amount of damage.
The Governing Statute
Fla. Stat. § 806.13 — Criminal Mischief
"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."
Read the full statute on Online Sunshine →
Criminal Mischief — Damage Tiers
Under $200: Second-degree misdemeanor.
$200 to under $1,000: First-degree misdemeanor.
$1,000 or more (or certain repeat/graffiti cases): Third-degree felony.
$200 to under $1,000: First-degree misdemeanor.
$1,000 or more (or certain repeat/graffiti cases): Third-degree felony.
What a Defense Attorney Looks For
- Willful and malicious intent — accidental damage is not criminal mischief.
- Valuation of the damage, which sets the degree.
- Identity — whether the State can prove you did it.
- Restitution that can help resolve the case.
Frequently Asked Questions
Is vandalism a felony in Florida?
It can be. Under § 806.13, criminal mischief (vandalism) is a felony when the damage is $1,000 or more, or in certain repeat or graffiti cases. Below that, it is a misdemeanor graded by the damage amount.
Is accidental property damage criminal mischief in Florida?
No. Criminal mischief requires willful and malicious conduct. Genuinely accidental damage does not meet the standard, which makes intent a central issue in these cases.
Charged Under This Statute?
A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.
This page summarizes Fla. Stat. § 806.13 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.