Articles Tagged with Miami criminal defense lawyer

graffiti-1380108_1280-300x169Chances are you have some degree of familiarity with the term “vandalism”. “Criminal mischief”, on the other hand, may seem vague. In its simplest terms, criminal mischief is a form of vandalism, just like vandalism can be deemed criminal mischief. Florida’s criminal statute generally defines criminal mischief as intentional and malicious behavior intended to destroy the personal or real property of another party. Because it is so common, graffiti is closely intertwined with criminal mischief charges, as the simple act of spraying a can of paint onto a property may be interpreted as being sufficient to “destroy” the property.

Should criminal mischief result in property damages valued at no more than $200, or if it causes under that amount in total damage, then it may lead to a second-degree misdemeanor in Florida. The charge may be upgraded to a first-degree misdemeanor should the damage be greater than $200 but remains under $1,000. Misdemeanor charges may result in receiving a one year jail sentence and the alleged perpetrator(s) may receive a fine of anywhere between $500 to $1,000. Furthermore, a judge may order that the property owner be repaid for the destroyed property’s value.

This update is published by The Law Offices of Mark Eiglarsh, a Miami criminal defense lawyer. Areas of practice include criminal defense, white collar crimes, drug crimes, fraud, DUI, sex crimes, domestic violence, and more. With over two decades of experience, Mark is committed to obtaining the best possible outcome for his valued clients under difficult circumstances. For more information or to schedule a consultation, please call 954-500-0003 in Broward or 305-674-0003 in Miami.

computer-1591018_1280-300x196With close friends and family, borrowing their belongings such as an item of clothing or perhaps a video game or two is common. However, if the relationship goes south for whatever reason, the person whose items were borrowed may accuse the borrower of stealing their belongings.

How does borrowing differ from theft? Theft means a person intended to commit a criminal act. If, for example, a person simply forgot they had the item in their possession and never returned it, a prosecutor may not be able to bring up a theft charge.

Prosecutors may have trouble proving that the borrower’s intention was indeed to steal an item rather than borrowing it. Even if a person quietly kept the item with the hopes its original owner would forget about it, for example, chances may be slim that a court of law would accept “beyond a reasonable doubt” that the intention was to steal.

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