Vandalism Charges in Punta Gorda: Why the Value of the Property Matters

The consequences of vandalism in Punta Gorda may depend on the value of the property in question. This is something that defendants should strive to understand. When you are aware of the potential consequences, it may be easier to defend yourself in a confident, effective manner. Many defendants in this type of situation choose to enlist the help of experienced  criminal defense attorneys.

Penalties Are Relatively Light if Your Damage Is Worth Less Than $200

If you caused less than $200 worth of damage, your penalties will be relatively light. According to Florida’s criminal mischief laws, this is a misdemeanor of the second degree. As a result, you will face a maximum of 60 days in jail and a fine of up to $500. If it is your first offense, you may not face any jail time whatsoever. Obviously, it makes sense to push your vandalism charges down to this level if at all possible.

The problem is that graffiti removal (and many other types of property repair) cost much more than $200. In fact, it is relatively unheard of to hire a contractor to repair any type of property for such a small sum. Replacement value or repair value are metrics often used by courts to determine the value of property in vandalism cases.

A quick Google search will tell you that many graffiti removal specialists charge at least

$350. In other words, these specialists will not even show up unless the property owner is willing to pay more than $200. This essentially means that the average graffiti artist will always face more than a misdemeanor of the second degree.

You Could Face a First-Degree Misdemeanor for Property Damage Worth Over $1,000

A much more realistic charge for graffiti is a misdemeanor of the first degree. This applies if the damage is worth more than $200 but less than $1,000. Suppose a graffiti removal specialist charges $50 per hour. If the specialist spends at least four hours on the removal, the defendant could face a first-degree felony. Four hours is not a lot of time to spend on graffiti removal, especially when you consider the permanent nature of many spray paints and the size of larger murals.

If you are convicted of a misdemeanor in the first degree, you could face up to a year in jail. Your consequences could be particularly severe if this is not your first graffiti-related offense, and you might even face the maximum sentence.

Can a Punta Gorda Defense Attorney Help With Vandalism Charges?

If you have been accused of vandalism in Punta Gorda, you should take your upcoming defense very seriously. This is especially true if you have been accused of vandalizing high-value property. That being said, it might be possible to dispute the value of the property you allegedly vandalized. To discuss this subject in more detail, consider speaking with The Foley & Wilson Law Firm.

Source:

 leg.state.fl.us/statutes/index.cfm?app_mode=display_statute&url=0800-0899/0806/sections/0806.13.html