A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages, by any means, any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto.
The amount of damage done to the property matters because, based on the value, prosecutors decide the seriousness of the crime. If the damage is $200 or less, it is a misdemeanor of the second degree. If the damage is greater than $200 but less than $1,000, it is a misdemeanor of the first degree. If the damage is $1,000 or greater, or if there is interruption or impairment of a business operation or public communication, transportation, supply of water, gas or power, or other public service which costs $1,000 or more in labor and supplies to restore, it is a felony of the third degree.
Remember, while the value of the damage might seem clear, the prosecutors still have to prove how and by whom the damage was caused, the amount of damage, and ownership of the item(s). Just because prosecutors and police say so doesn’t make it fact. At Redavid Law PLLC, Jordan Redavid will make sure the State prosecutors have to meet their burden.
Disorderly conduct occurs when you commit such acts that corrupt the public morals, outrage the sense of public decency, affect the peace and quiet of persons who may witness them, or engage in brawling or fighting. It’s punishable by up to sixty (60) days in jail as a second degree misdemeanor.
Disorderly intoxication is committed when an intoxicated person endangers the safety of another person or property and is intoxicated or drinks in public causing a public disturbance. Disorderly intoxication is a second-degree misdemeanor punishable by up to sixty (60) days in jail.
If defended properly, these charges can be dismissed before trial because the elements are subjective in nature. Often these charges stem from Miami’s booming nightlife, and police just don’t know what else to do. At Redavid Law PLLC, Jordan Redavid knows what to do to defend you. Call him today to discuss your case. (305) 938-9939.
Loitering or Prowling
It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. What does that mean? Well, put simply, it means that just about anybody can be arrested for this crime should the police officer feel like it. It’s an all too common charge, and one that, when dealt with properly, is hardly substantiated in a court of law.
Miami is known for its nightlife; people are out at all times of the day and night here. Just because you’re walking down the street when an officer doesn’t think you should be doesn’t necessarily mean you are loitering or prowling. Officers consider the fact whether the person takes flight (runs away), or refuses to identify themselves in deciding whether or not to charge them. But, the officer does have to provide you with an opportunity to dispel your concerns. We all know that there may be a multitude of reasons why a person is in a certain place, or why they run. The defense attorney at Redavid Law, PLLC will work to bring those facts to light.