Orlando, FL asked in Criminal Law for Florida

Q: Florida's criminal mishief law is a misdemeanor exception, is there a limit on the dollar amount of damage for arrest?

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1 Lawyer Answer
Kevin J. Pitts Esq.
Kevin J. Pitts Esq.
  • Criminal Law Lawyer
  • Daytona Beach, FL
  • Licensed in Florida

A: Under $200 is a second degree misdemeanor, over $200 but under $1000 is a first degree misdemeanor and over $1000 is a third degree felony. You can be arrested for any misdemeanor and sentenced to up to 60 days jail for a second degree misdemeanor. If by exception you are speaking of 901.15(9)(b) criminal mischief is one of the misdemeanors that the officer does not have to see each and every element of the offense to make a warrantless misdemeanor arrest.

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