Criminal Defense
Since 1993
Since 1993
Fighting a Criminal Mischief Charge in Orlando: It’s All About Intent
Criminal Mischief, what most people call vandalism, is a charge that can be either a misdemeanor or a felony in Florida, depending on the amount of damage. A huge percentage of these cases are domestic in nature—a moment of anger between a couple that results in a broken car window or a damaged front door.
But here is the most important thing to understand about this charge: damage alone does not make you guilty of a crime. If it did, every fender bender would be a criminal case. To convict you of Criminal Mischief, the prosecutor must prove you acted with malicious intent.
Charged with Criminal Mischief or Vandalism in Central Florida? A moment of passion or a misunderstanding shouldn’t lead to a permanent record. Call my office to discuss the specific intent in your case. Call John Guidry: (407) 423-1117
The Key to Your Defense: Attacking “Malicious Intent”
“Malicious intent” can be a foggy notion, and that ambiguity is where we build a defense. The State must prove you damaged the property for the specific, malicious purpose of causing destruction. If your intent was something else, the charge may not be valid.
A real-life case study illustrates this perfectly: A young man was living with his parents. His father had a very nice, ornate liquor cabinet that was kept locked. The son decided he wanted some of the fine whiskey inside, so he broke the lock and damaged the cabinet door, causing thousands of dollars in damage. He was charged with felony criminal mischief.
The case was thrown out. Why? Because his intent wasn’t to maliciously destroy the cabinet; his intent was to get a drink. Without malicious intent, there was no crime.
WARNING: Do Not Fall into These Two Confession Traps
Because proving intent can be so difficult, the police will almost always try to get a confession from you. They know their case is weak without it. You must be prepared for these two common traps:
- The Text Message Bait: The person with the damaged property will send you baiting text messages like, “I know you keyed my car!” They are trying to provoke you into an angry, incriminating response that they can immediately turn over to the police. Do not take the bait. Do not reply. Call a defense attorney.
- “The Knock” from the Police: An officer will show up at your door and say, “Hey, we’re not going to arrest you, we just want to talk about an incident.” Do not go down that path. This is an interrogation, and you should not participate. The only correct response is: “I would be happy to speak with you, but not until my attorney is present. Let’s schedule an appointment for a later time.”
That is when I hope you call someone like me. These cases have defenses and loopholes, but they are often lost the moment you confess. Make sure the attorney you call has handled criminal mischief charges before. If you are accused of this crime in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, my firm has been defending these cases since 1993.
There is lots more information on criminal mischief charges in this video, entitled: “Florida’s Criminal Mischief Law: Why Intent Can Change Your Case” and another great video “What Is Criminal Mischief? The Truth About Property Damage Charges.”
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.