The “Road House” Defense: Why Breaking the Bar During a Fight Isn’t Always a Crime

By: John Guidry

“The smallest deed is better than the greatest intention.” — John Burroughs

There are plenty of opinions out there on what, exactly, we mean by the word “intention.” Quantum physicists have analyzed the role our conscious intentions play in the behavior of particles (the double-slit experiment). Experiments at Princeton suggest our intentions can physically affect the outside world.

But in the legal world, Intention is everything. Common sense dictates that people should not be sent to prison for bad acts they did not intend to commit. Yet, the law often defies common sense.

• Statutory Rape: You intended to sleep with a 19-year-old, but she lied and was 16. Guilty. (Your good intentions don’t matter).
• Bar Fights: You intended to punch a guy, but you missed and broke the bar. Not Guilty? (Here, your intentions might just save you).

Charged with property damage for an accident?

If you didn’t mean to break it, it might not be a crime. Call John today at (407) 423-1117.

The Case: Allen v. State (The Bar Fight)

Today we are looking at Allen v. State, 194 So. 3d 578 (Fla. 2d DCA 2016).

• The Scene: A classic bar fight. (I’m fairly certain the invention of beer dates back to the Egyptians, and bar fights began five minutes later).
• The Damage: During the scuffle, Allen collided with the bar itself. The bar top became dislodged, smashing the machines and causing over $1,000 in damage.
• The Charge: Because the damage exceeded $1,000, Allen was convicted of Felony Criminal Mischief.

The Appeal: “I Didn’t Mean to Break the Bar” Allen argued that he never intended to damage the bar. He intended to beat up the guy attacking him. The definition of Felony Criminal Mischief (Florida Statute 806.13) requires a showing that the accused “willfully and maliciously” damaged property.

The Ruling: The Appellate Court overturned the conviction. They ruled that the State failed to prove Allen had a specific intent to damage the bar.

“No one can be guilty of damaging property where the defendant’s true intention is to cause harm to the person of another.”

Because his “malice” was directed at the guy, not the wood, he could not be convicted of maliciously destroying the wood.

The Loophole: “Transferred Intent” Doesn’t Apply to Wood

This might sound crazy to you because of a legal concept called Transferred Intent.

• Scenario A (Murder): You try to shoot your wife, miss, and kill the neighbor.
  • Result: You are Guilty of Murder. Your “intent to kill” transfers from the wife to the neighbor.
• Scenario B (Property): You try to punch a guy, miss, and break a window.
  • Result: You are Not Guilty of Criminal Mischief.
  • Why? Florida courts have ruled that intent to harm a person does not transfer to property.

If you didn’t hate the window, you didn’t “maliciously” break it.

John’s 2026 Update: The Video Evidence Trap

Note: In 2016, we relied on witness testimony to describe the fight. In 2026, every bar has 4K cameras.

1. The “Reckless” Argument While Allen is still good law, prosecutors in 2026 are getting smarter.

• Instead of just charging Criminal Mischief, they might charge Culpable Negligence or file a civil restitution lien immediately.
• The Video Danger: If the 4K video shows you throwing a barstool at the guy, and it hits the mirror, they will argue you did intend to damage property (the stool) as a weapon, and the mirror was collateral damage.

2. Restitution is the Real Punishment Even if we win the criminal case using Allen (avoiding prison and the felony record), the judge will almost always order you to pay Restitution.

• You might not go to prison for breaking the bar, but you will be writing a check for $5,000 to fix it.
• My Strategy: We use the Allen case to get the Felony dropped to a Civil Judgment. You pay the money, but you keep your clean record.

3. The “Drunk” Defense Be careful: Being drunk is not a defense to specific intent crimes in Florida. You cannot say, “I was too drunk to intend to break the window.”

• However, we can say, “I was stumbling and fell into the window.” That is an accident, not a crime.

Did You Break Something by Accident?

If you are facing felony charges for property damage that happened during a fight or an accident, do not let them label you a criminal vandal.

Call me at (407) 423-1117. Let’s prove it was just an accident.

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.