Everyone at some point in their life has been subjected to having their personal property damaged by another person.
It could be something very simple, like throwing someone’s backpack or purse to the ground or something as serious as defacing property with graffiti. There are many issues in between that can all fall under criminal mischief in Florida.
Types of Florida Property Damage
Some types of property damage that may fall under criminal mischief in Florida include:
- Breaking a window
- Breaking another person’s cell phone
- Intentionally denting or keying a car
- Slashing car tires
- Stomping on a backpack or purse that does not belong to you
- Throwing personal belongings of another person into a body of water
- Writing graffiti
- Cutting or tearing someone’s clothing
- Scuffing sneakers
- Smashing a laptop, video game controller, or any electronic device
- Damaging another person’s bicycle, skateboard, or other form of personal transportation.
Destruction of Property Charge in Florida
Under Florida Statute 806.13, you can be charged with criminal mischief if you maliciously or willfully destroy another person’s personal property. The Florida state statute for Criminal Mischief is divided into different levels, and how a person is charged will be based on the value of the damage.
For example, if the property damage is valued at less than $200, the person who damaged the property will be charged with a second-degree misdemeanor. If the value of the damage is between $200 and $1,000, the charges will increase to a first-degree misdemeanor. If the damaged property is in excess of $1,000, the police have the authority to charge the person with a third-degree felony.
The destruction of property punishment handed down from the courts if convicted will be based on what type of charges were placed against the person – misdemeanor or felony, and any other issues surrounding the event.
What To Do If Someone Destroys Your Property
If you have had your personal property destroyed by the actions of another person, it is essential to notify the police of the event. Having a police report is the best way for you to be able to make a claim for damages. If a person is maliciously destroying your property or trying to cause you harm, notifying the police can also help prevent further damages or injuries.
Property damage in Florida is something that should be taken very seriously. In most cases, the damages that occur exceed the amount that will make this a felony offense. When this happens, it will be necessary for the offender to have criminal defense, and the victim may need legal representation to seek compensation for the damages.
Unknown Property Damage
What do you do if your property has been damaged and you do not know who caused the damage? If your property has been a victim of vandalism or other damage, it is important that you document the damage and file a police report. This is the first thing that you must-do if you are going to make an insurance claim for the damages.
Once you have filed a police report, you will need to inform your property insurance company of the damages and begin to seek estimates for the repairs. You will have to file a claim against your insurance policy to have the damages covered.
In many cases, the insurance companies will try to reduce or deny the claim. This is just standard practice for many insurance companies. If this happens to you, it will be necessary to get legal representation from an insurance claim lawyer so that you can get the compensation you deserve for your losses.
When you are working with an insurance claim attorney, your lawyer will make sure that the insurance company treats you fairly and honors the terms of their policy.
Florida Property Damage Lawyers
If your property suffered damage, the attorneys at Landau Law may be able to help you collect fair compensation. Contact us today for a free case consultation.
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