Legal Question in Criminal Law in Florida

My car was vandalized (keyed) for more than $2,000 worth of damages. I called the police, and they made out the police report as a 3 misdemeanor Criminal Mischief. The police made contact with the person responsible, and they admitted to doing the damages. That person was arrested but not booked. I got my car repaired, and took the bill to the police, who then gave it to the prosecutor. The defendant has no prior record of vandalism, but I would like for them to be charged with a felony. Will they be charged with the 3 misdemeanor that is written on the police report, or will they be charged with a felony because of the extent of the damages?


Asked on 12/06/10, 5:03 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Whether or not it is a felony depends on the amount of damage. If the damage is over $1000 then it would be a felony. Furthermore, the value of damage is based on either the repair costs or value of thing damaged at the time (not a new replacement). Either way you are still entitled to restitution and you should discuss this with the prosecutor to give an exact number.

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Answered on 12/14/10, 8:19 am


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