<![CDATA[806.13.1B3 - Law Office of W.F. ''Casey'' Ebsary Jr]]> https://www.centrallaw.com/blog/tags/806-13-1b3/ Wed, 07 May 2025 17:22:49 GMT en-us <![CDATA[CRMS3000 Criminal Mischief $1000 or More]]> https://www.centrallaw.com/blog/crms3000-criminal-mischief-1000-or-more/ https://www.centrallaw.com/blog/crms3000-criminal-mischief-1000-or-more/ Sun, 27 Apr 2025 01:12:35 GMT Under Florida law, criminal mischief involving $1,000 or more in damages is classified as a third-degree felony, carrying harsh penalties — including prison time, high fines, and a permanent criminal record.

]]> CRMS3000 – Criminal Mischief $1000 or More – Tampa Felony Defense

If you are facing a charge under CRMS3000 Criminal Mischief $1000 or More in Tampa or Hillsborough County, Florida, it is critical to understand the seriousness of the allegations against you.

Under Florida law, criminal mischief involving $1,000 or more in damages is classified as a third-degree felony, carrying harsh penalties — including prison time, high fines, and a permanent criminal record.

Attorney W.F. “Casey” Ebsary Jr. has decades of experience defending people accused of criminal mischief and property crimes.


📞 Call (813) 222-2220 today to schedule a free consultation and protect your future.

Overview of CRMS3000 Criminal Mischief Charges

CategoryDetails
Form CodeCRMS3000
StatuteFlorida Statute § 806.13(1)(b)(3)
OffenseCriminal Mischief ($1,000 or More in Damage)
ClassificationFelony – 3rd Degree
PenaltiesUp to 5 years in prison, $5,000 fine, probation, restitution

Criminal mischief involves willfully and maliciously damaging the property of another person. When the amount of damage reaches $1,000 or more, or when the cost to restore a public service interrupted by the conduct exceeds $1,000, the offense becomes a felony.

What Is Criminal Mischief Under Florida Law?

Florida law defines criminal mischief broadly. A person commits criminal mischief if they:

  • Willfully and maliciously injure or damage real or personal property belonging to someone else,
  • Vandalize property, including placing graffiti,
  • Cause interruption or impairment of a public service such as electricity, communication, water, or gas.

When the monetary damage or the repair costs meet or exceed $1,000, the charge becomes a third-degree felony.

Examples include:

  • Smashing windows or damaging vehicles
  • Graffiti on commercial or government buildings
  • Destroying irrigation systems
  • Cutting or damaging power lines

What Exactly Does “Willfully and Maliciously” Mean in a Criminal Mischief Case?

In a criminal mischief case under Florida law, the words “willfully” and “maliciously” are critical elements that the prosecution must prove beyond a reasonable doubt.

  • Willfully means that the act was intentional — not accidental, careless, or reckless. The person acted on purpose, knowing the likely outcome of their actions.
  • Maliciously means the act was done with ill will, hatred, spite, or evil intent — not by mistake or for a legitimate purpose.

Simply put:
It’s not enough that property was damaged. The prosecution must show that the accused deliberately caused the damage with a wrongful or hostile motive.

Examples of “Willfully and Maliciously” Actions

🔹 Keying someone’s car after an argument — intentionally scratching paint out of anger.

🔹 Throwing a rock through a neighbor’s window because of a property dispute.

🔹 Spray-painting graffiti on a business’s storefront without permission as an act of defiance.

🔹 Breaking surveillance cameras at a store to retaliate for being accused of shoplifting.

🔹 Slashing tires after a romantic breakup to “get back” at the other person.

Examples of Actions That Are NOT “Willful and Malicious”

❌ Accidentally knocking over and breaking a sign while backing up a car.

❌ Damaging someone’s property during a medical emergency or while trying to render aid.

❌ Hitting a mailbox because of icy road conditions — no intent or bad motive.

In these cases, although property was damaged, the act would not be considered willful and malicious under the law. These distinctions can mean the difference between felony criminal charges and no criminal charges at all.

Bottom line:
If the prosecution cannot prove both intent and malice, a charge of Criminal Mischief $1000 or More should fail.

📞 If you’re facing these allegations, call Casey Ebsary at (813) 222-2220 for a strong defense.

✔️ Lack of Intent: The damage must be willful and malicious — accidents or negligence do not meet the standard.

✔️ Incorrect Damage Valuation: The prosecution must prove that damages actually exceed $1,000.

✔️ Mistaken Identity: You were not the person who committed the act.

✔️ Consent or Ownership: If you owned the property or had permission, criminal mischief may not apply.

✔️ Violation of Constitutional Rights: If your rights were violated during search, seizure, or arrest, key evidence may be suppressed.

Every case is different. Early case evaluation is crucial to building a strong defense.

FAQs About Criminal Mischief Over $1000 in Florida

FAQ
FAQ
What exactly does “willfully and maliciously” mean in a criminal mischief case?

“Willfully” means that the person acted intentionally, rather than by accident or mistake. “Maliciously” means with wrongful intent — doing harm on purpose, motivated by ill will, hatred, or spite.
For the prosecutor to win a conviction, they must prove beyond a reasonable doubt that you deliberately caused the damage with a malicious motive.

How is the amount of damage determined in a CRMS3000 case?

The value of the damage is critical. Courts look at either:

The fair market value of the damaged property before and after the incident, or the reasonable repair or replacement costs. The prosecution must present evidence — such as repair estimates, invoices, or expert testimony — to establish that the damage meets the $1,000 threshold. Disputing these valuations can often lead to a reduction or dismissal of charges.

What happens if the damage was less than $1,000?

If the property damage is proven to be between $201 and $999, it is a first-degree misdemeanor. If the damage is $200 or less, it is a second-degree misdemeanor. This distinction is critical because it dramatically lowers potential penalties — from up to 5 years in prison (felony) to at most 1 year (misdemeanor).

Can I be charged if I damaged public property or utilities?

Yes. Damage to public services such as roads, transportation systems, water lines, or communication infrastructure is still considered criminal mischief. If the costs to repair the disruption exceed $1,000, a felony charge applies even if no physical structure was destroyed. Courts treat damage to public resources very seriously.

Will I have to pay restitution if convicted?

Almost always, yes. Restitution is a mandatory part of sentencing for criminal mischief cases in Florida.
This means you may be ordered by the court to reimburse the victim (or a business or government entity) for the full cost of repairs, lost income, or service restoration costs. Failure to pay restitution can lead to probation violations and further penalties.

Why Choose W.F. “Casey” Ebsary Jr. as Your Criminal Mischief Defense Attorney?

✅ Board Certified Criminal Trial Lawyer
✅ Former Prosecutor — Knows how the State builds its cases
✅ Decades of Local Experience in Hillsborough County Courts
✅ Proven Record of reducing or dismissing property crime charges

Attorney Casey Ebsary is ready to investigate your case, challenge the prosecution’s evidence, and fight for your rights.

Call Us at 813-222-2220

Call Us at 813-222-2220

📞 Call (813) 222-2220 today for a free consultation.
Or visit https://www.centrallaw.com/contact-us/ to send a confidential message.

Conclusion

Facing a CRMS3000 Criminal Mischief $1000 or More charge in Tampa can feel overwhelming — but you do not have to face it alone.

⚡ Immediate action can protect your freedom, finances, and future opportunities.
💬 Speak directly with an experienced defense lawyer today.
📞 Call (813) 222-2220 or contact Casey Ebsary online now.

Original 2010 Post Updated to 2025

CRMS3000 Criminal Mischief Damage Over $1000
Criminal Mischief Damage Over $1000 CRMS3000

If you have been charged with CRMS3000 CRIMINAL MISCHIEF $1000 OR MORE you can call a Defense Attorney Tampa at (813) 222-2220 and tell me your story.

Form Code: CRMS3000

Florida Statute: 806.13.1B3
Level: Fel (Felony)
Degree: 3rd

Description: CRIMINAL MISCHIEF $1000 OR MORE

CRMS3000 CRIMINAL MISCHIEF $1000 OR MORE is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 806 ARSON AND CRIMINAL MISCHIEF

806.13 Criminal mischief; penalties; penalty for minor.

(1)(a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto.

(b)1. If the damage to such property is $200 or less, it is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

3. If the damage is $1,000 or greater, or if there is interruption or impairment of a business operation or public communication, transportation, supply of water, gas or power, or other public service which costs $1,000 or more in labor and supplies to restore, it is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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