Felony or Misdemeanor? The $1,000 Difference in “Keying” a Car

By: John Guidry

In criminal law, the difference between a slap on the wrist (misdemeanor) and a potential prison sentence (felony) often comes down to a single number.

For Criminal Mischief (vandalism), that magic number is $1,000.

• Damage under $1,000: Misdemeanor.
• Damage $1,000 or more: Felony.

Prosecutors often charge the felony based on a rough estimate from the police report. But what happens when the actual cost to fix the damage is less than $1,000? We file a Motion to Dismiss.

Charged with a felony for property damage?

If the damage is exaggerated, your charge should be reduced. Call John today at (407) 423-1117.

The Case: The “Keyed” Avalanche

In this case, the Accused was charged with Felony Criminal Mischief for allegedly “keying” a 2002 Chevrolet Avalanche. The paint damage stretched from the rear door to the front fender.

• The Charge: The State filed a felony information, relying on an initial police estimate of $1,200.
• The Reality: The actual cost to repair the vehicle was much lower.

The Deposition Revelation During a sworn deposition, I asked the vehicle owner (John Jones) about the actual cost of repairs. His answers destroyed the State’s felony case:

• Q: “So cap at 900, possibly as low as 650?”
• A: “Yeah, yeah.”

He further admitted, “At the end of the day, I don’t have any paperwork… I don’t have like a receipt.”

The Legal Argument: Marrero v. State

The core of our argument relies on the Florida Supreme Court case Marrero v. State, 71 So. 3d 881 (Fla. 2011).

The Court ruled that the amount of damage is an essential element of the crime.

• The State cannot just ask a jury to use “common sense” or “life experience” to guess if a scratch costs $1,000 to fix.
• They must present actual evidence (receipts, estimates, expert testimony).

If the victim admits under oath that the damage was only $650 to $900, the State cannot prove a prima facie case for a felony.

The Motion to Dismiss (C4 Motion) We filed a motion under Rule 3.190(c)(4), arguing that there are no material disputed facts. Since the State’s own witness admits the damage is under the threshold, the felony charge must be dismissed as a matter of law.

John’s Takeaways

• Depositions are Critical: Police reports are often exaggerated. Officers ask, “How much is that?” and victims guess high. By deposing the victim under oath, we often find the real number is much lower.
• Don’t Overpay Restitution: If you accept the felony charge, you might be ordered to pay $1,200 in restitution for $650 worth of damage. Fighting the value protects your wallet and your record.
• The “win”: Winning this motion usually forces the State to refile the case as a misdemeanor. This removes the threat of prison and often opens the door to diversion programs or lighter probation.

Is Your “Felony” Actually a Misdemeanor?

If you are facing felony charges for property damage, do not accept the police officer’s estimate as fact. We need to see the receipts.

Call me at (407) 423-1117. Let’s do the math.

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.