What to do about a criminal mischief charge, ifI simply damaged property by accident?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about a criminal mischief charge, ifI simply damaged property by accident?
I came out of a night club after a few too many drinks and I accidentally tipped over a motorcycle. The motorcycle was parked on the sidewalk about 3 ft from the front door (not in a parking spot). It was a complete accident, but I was going to sit on it and it fell over. I even tried to catch it. The bouncer that owned the bike called the cops. No real damage had been done but I received a ticket with a court date and it says “criminal mischief” under the charge, a misdemeanor. I did not maliciously knock over the bike like the bouncer contested. I am not sure what I should do. I have a clean record.
Asked on August 11, 2011 Florida
Answers:
David Novack / Jaeger & Blankner
Answered 13 years ago | Contributor
Criminal mischief requires an intent to cause the reported damage. An accident will not be enough to convict you. However, you have the added element of alcohol consumption involved so the line gets blurred a bit. Voluntary intoxication is no defense. It will be up to your attorney to file the necessary motion to ask the court to dismiss the charge assuming the facts are not in dispute. If both sides agree it was in fact an accident the case should be dismissed. However, if there is an allegation that is was done with intent then the court will not dismiss the charge and your next option will be plea bargaining or calling for a jury trial for an acquittal.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.