The Alleged Attack

It is reported that the victim was sitting in the driver’s seat of a postal truck when the defendant suddenly struck the truck with a two by four plank. The victim was sorting mail at the time of the initial impact and heard a loud crash. He then looked up and saw the defendant striking the truck a second time with the plank. The victim began to drive the truck away, at which point the defendant hit the truck with the plank again. When the victim reached a safe distance, he called 911. The defendant was ultimately detained and charged with first-degree misdemeanor criminal mischief, aggravated assault, and other offenses. He moved for acquittal on the charges of assault and criminal mischief, but his motion was denied, and he was convicted. He then appealed.

Evidence Needed to Convict a Defendant for Aggravated Assault and Criminal Mischief

On appeal, the court affirmed the defendant’s conviction for aggravated assault. The court was not persuaded by the defendant’s argument that the State failed to prove that he committed an act that was significantly likely to place the victim in fear of imminent violence. Instead, the court found that when viewing the evidence in a light most favorable to the State, it sufficiently demonstrated that the defendant knew that the victim was in the truck. Specifically, he hit the truck three times near the driver’s side door, and the third hit occurred after the truck had moved forward.

As to the defendant’s first-degree misdemeanor criminal mischief conviction, however, the court noted that the defendant’s argument that the conviction could not stand because the State failed to introduce evidence of the cost of the damage to the truck was valid. Thus, absent the necessary proof, the conviction was reduced to a second-degree misdemeanor in accordance with Florida law.

Speak to a Knowledgeable Criminal Defense Attorney in Florida

Attempting to destroy property can result in significant criminal penalties, including offenses involving the intentional harm of other individuals. If you are charged with assault or any other violent crimes, you should speak to a lawyer regarding your possible defenses. Florida criminal defense attorney Genine Ann Mejia is skilled at arguing on behalf of parties accused of serious offenses, and if you hire her, she will advocate aggressively on your behalf.  You can contact Ms. Mejia via the online form or at (386) 463-0849 to schedule a conference.

Factual and Procedural History

It is alleged that the defendant was convicted of multiple crimes, after which he was sentenced to probation. One of the conditions of his probation was that he was to live without violating the law. The condition stated that it was not necessary for a conviction to be obtained for a criminal violation to be considered a violation of his probation. While the defendant was on probation, he was accused of violating the conditions imposed on him by engaging in criminal mischief and other activities.

Reportedly, the violation accusations arose out of an altercation with his ex-girlfriend in which a vase broke. A hearing was held, after which it was determined that the defendant committed criminal mischief and other offenses. Thus, his probation was revoked. The defendant appealed, arguing the trial court failed to demonstrate he committed criminal mischief.

Elements of Criminal Mischief Under Florida Law

Under Florida’s criminal mischief statute, the State must prove that a defendant took acts to destroy someone else’s property, maliciously, and willfully. The court explained that willfully meant knowingly, intentionally, and purposely. Similarly, maliciously means intentionally and wrongfully, without legal justification or an excuse. For an act to be considered malicious, it must also be undertaken with the knowledge that it may cause an injury to another individual or damage to the property of another person.

The court explained that the doctrine of transferred intent could not support a conviction for criminal mischief. Additionally, the court noted that it could not be presumed that a defendant acted with malice simply because property damage occurred. In the subject case, the court noted that while the State alleged the defendant acted with intent to harm his ex-girlfriend, it failed to demonstrate malice with regard to the vase. Thus, criminal mischief was deleted as a basis for the revocation of the defendant’s probation.

Speak with an Experienced Criminal Defense Attorney in Florida

Criminal mischief is a crime of intent, which means that if the State cannot prove a defendant’s actions were willful, it should not be able to obtain a conviction. If you are charged with criminal mischief or another crime that constitutes a probation violation, you should meet with an attorney to evaluate your rights. Attorney Genine Ann Mejia is proficient at defending people charged with crimes in the Florida courts, and if you hire her, she will fight tirelessly on your behalf. You can contact Ms. Mejia via the form online or by calling (386) 463-0849 to schedule a conference.