DAMAGE TO PROPERTY / CRIMINAL MISCHIEF — BREAK/INJURE FENCE (F.S. 810.115)
CASE DISMISSED/NOLLE PROSEQUI
Escambia County, FL
July 22, 2025
Client was charged in Escambia County, Florida with DAMAGE TO PROPERTY / CRIMINAL MISCHIEF — BREAK/INJURE FENCE (F.S. 810.115) following an incident that the State initially pursued as a county-court matter (after a related file, 2025 CF 001728 A, was transferred to county court). Damage-to-property allegations can range from a misdemeanor with county-jail exposure, fines, and restitution to felony-level prison exposure when the loss is substantial or the defendant has prior convictions — consequences that can upend employment, housing, and personal reputation.
We treated the file like a case that had to be won, not merely negotiated away. From the start we demanded the State produce proof of ownership, value, and causation; we inspected the physical and testimonial evidence for inconsistencies; and we leveraged the case history (including the prior felony file and the transfer) to highlight prosecutorial overreach. That trial-ready posture changed the calculus: rather than accept a pressured plea that would have left the client with collateral damage, we forced the State to confront its evidentiary gaps.
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