Accidental Property Damage: Is It a Defense to Vandalism Charges in Fort Myers?

If you face vandalism charges in Fort Myers because of an innocent mistake, you might be determined to defend yourself in an effective way. But is the lack of intent really a legitimate defense to vandalism in Florida? This is a question you might want to explore alongside an experienced Fort Myers theft defense attorney. Generally speaking, the most appropriate defense strategy depends entirely on your unique circumstances.

You Must “Willfully and Maliciously” Vandalize Property to Face Consequences

In order to secure a conviction, prosecutors must establish that you “willfully and maliciously” damaged the property in question. Although this type of language might seem confusing to an average person, it essentially means that “accidents don’t count.” As long as you didn’t intentionally damage the property, you cannot face criminal charges.

What Are Some Examples of Accidental Acts That Could Be Interpreted as Vandalism? 

You may face vandalism charges if you accidentally spill a bucket of paint on a mural or a statue in a public area. You could also face these charges if you accidentally scrape someone else’s car with your keys while walking past. There are endless examples of innocent mistakes that could potentially lead to vandalism charges.

Why Am I Still Facing Charges if it Was an Accident?

If your alleged “vandalism” was an innocent mistake, then why are you facing charges? The answer is that prosecutors might not believe your story. Your accident could have been so clumsy and destructive that prosecutors cannot comprehend how it could have possibly been accidental. A property owner might also lie to the authorities about the nature of the incident, perhaps due to anger and frustration about the damage.

Prosecutors Must Prove Intent Beyond a Reasonable Doubt

Even if prosecutors do not believe your side of the story, they still must prove that you intentionally damaged the property in court. This is not always easy, especially if no one witnessed the incident. Video surveillance footage might also be unavailable. Proving intent can be challenging, as no one can look inside your brain and determine what you were thinking at the time of the accident.

What Evidence Do I Need to Prove It Was an Accident?

Various pieces of evidence could be helpful in this situation. If an eyewitness saw the accident, they might be willing to testify on your behalf. Character witnesses could also help, as these individuals can explain to the court that it’s not in your nature to vandalize property. Finally, you could testify on your own behalf and explain to the court how the accident occurred.

Can a Defense Attorney Help Me With Vandalism Charges in Fort Myers?

A defense attorney may be able to help you with your vandalism charges in Fort Myers. Online research alone may fail to provide you with the same level of targeted guidance as an attorney. While your lack of intent could form the basis of an effective defense strategy, other strategies could be more suitable based on your unique circumstances. Contact The Foley & Wilson Law Firm today to learn more about the next potential steps.

Source: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0806/Sections/0806.13.html