Fort Lauderdale Criminal Defense Attorneys Explain How to Fight Vandalism Charges

As a criminal defense attorney in Fort Lauderdale, I’ve handled my fair share of vandalism cases over the years. I know these charges can seem scary and overwhelming at first. But with the right legal strategy, we can fight them together. In this article, I want to explain exactly what vandalism is under Florida law, common defenses we use, and what to expect if you end up facing these accusations.

What Counts as Vandalism Under Florida Law

Vandalism seems like a common sense crime, but legally speaking there are a few specifics that define it. Per Florida statute 806.13, vandalism is when a person willfully and maliciously:

• Damages or destroys someone else’s real or personal property
• Damages or commits a trespass on someone else’s property

A few key points here:

• There has to be physical damage to property or trespassing. So if you just spray painted a wall with washable paint, probably not vandalism.
• “Willfully and maliciously” means you intended to cause damage or should have known you would cause damage.
• The property has to belong to someone else. So if you smash your own car with a bat, it’s not legally vandalism.

Some common examples I see accused as vandalism in Fort Lauderdale including:

• Spray painting or graffiti on private property
• Slashing tires
• Smashing windows or mirrors
• Keying or scratching vehicles
• Ripping out plants or landscaping

Vandalism can be charged as either a first-degree misdemeanor or third-degree felony depending on the damage amount and situation. This means potential jail time plus fines and a permanent criminal record if convicted.

Common Defenses Against Vandalism Charges

When building a defense in a vandalism case, I typically rely on one or more of these strategies:

You Didn’t Do It

Seems obvious, but the simplest defense is that you weren’t actually the person responsible. We can argue misidentification if someone else accuses you. Or highlight reasonable doubt if there’s weak or circumstantial evidence like grainy video footage. I’ve gotten charges dismissed completely when police arrested the wrong person based on bad assumptions.

It Was an Accident

Since vandalism requires “willful and malicious” intent, we can argue you didn’t mean to damage anything. Maybe you got into an accident and hit a garage door while parking. Or a glass bottle slipped out of your hands at a party. As long as we make a reasonable case why you didn’t mean to cause damage and took reasonable care to prevent it, we can often get charges reduced significantly or dropped.

You Had Permission

If the property owner gave you permission to do whatever caused the alleged damage, that could nullify charges. For example, maybe they said you could spray paint a mural on their building or let your kids draw chalk art on their sidewalk. We need to get that permission clearly documented through photos, video, or signed statements though.

Mental Health Issues

In some cases, vandalism results from an underlying mental health condition like bipolar disorder, schizophrenia, PTSD flashbacks, or impulse control issues. By having a psychologist evaluate you and highlighting how these disorders impacted your behavior, we may be able to get charges dismissed under mental health deferment programs. Worst case this can still help reduce penalties.

What to Expect Fighting Vandalism Charges

If you do face vandalism accusations in Broward County, here’s a quick overview of what to expect in the legal process:

1. Getting Arrested – Police may arrest you on the scene or file charges later after an investigation. They don’t need an eyewitness or physical evidence. An accusation alone is enough probable cause.
2. Booking & Bail – After arrest, you’ll be photographed, fingerprinted, and held until you can pay bail or bond to secure your release until trial.
3. Hiring an Attorney – This is the most critical step! A skilled lawyer will protect your rights, build defenses, negotiate lesser charges, and defend you in court.
4. Investigation & Discovery – Your lawyer will investigate what happened, interview witnesses, collect evidence, photos, videos, etc. to start building your defense.
5. Plea Negotiations – Many vandalism cases end through plea bargains to lesser charges like criminal mischief to avoid a trial.
6. Trial – If no plea deal, we take the case to trial in front of a judge or jury, present defenses and evidence, cross-examine witnesses, and highlight reasonable doubt.
7. Sentencing – If found guilty, the judge determines penalties like probation, restitution payments, community service, counseling, jail time, etc.

Having an experienced attorney in your corner makes all the difference in this stressful process. Don’t hesitate to schedule a free consultation with my firm if you’re dealing with vandalism charges in South Florida. I know these accusations seem scary, but real help and hope exists! Call me today and let’s start building your defense together.

Florida Statute 806.13 – Criminal mischief; penalties; penalty for minor http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0806/Sections/0806.13.html

Vandalism Laws – FindLaw https://statelaws.findlaw.com/criminal-laws/vandalism.html

Vandalism – CriminalDefenseLawyer https://www.criminaldefenselawyer.com/crime-penalties/federal/Vandalism.htm