Posted On: May 10, 2011 by Pensky & Kim

Slain Football Player’s Teammates Sidestep Criminal Mischief Charges

Friends were Hit with Charges When Police Shot Pace U Student, Danroy Henry, Jr.

Justice has prevailed in at least one of the circumstances surrounding the tragic October 17, 2010, death of Pace University junior and football player, Danroy Henry, Jr., with the agreed dismissal of criminal mischief and other charges that were brought against four teammates and friends who were out celebrating Pace’s homecoming with Henry when he was killed by police. As if the incident wasn’t shocking enough, local police chose afterward to fire a volley of criminal charges at the friends, who claimed they only attempted to help Henry, after an officer climbed onto the hood of their car and shot him, point-blank, through the windshield.

This week’s dismissal was more than just a significant moral victory for these students, so poorly treated after the traumatic killing of their friend; it also relieved them of a serious problem with the law that could have ruined their young lives. In fact, one of the players was even charged with felony criminal mischief, a crime that might have sent him to a state penitentiary!

A criminal mischief charge in Florida can snuff out your plans for the future.

Florida defines criminal mischief as willfully and maliciously injuring or damaging someone else’s personal property, and while the misdemeanor versions of this crime may apply to average acts of vandalism, criminal mischief that causes more than $1,000 worth of damage to someone’s property is a felony of the third degree, punishable by up to five (5) years of state prison time, up to $5,000 in fines, plus court costs, possible restitution to the property owner, and other penalties.

In addition, Florida law specifies certain acts of criminal mischief that don’t reach the $1,000 level in property damages, but are still prosecuted as felonies of the third degree under Florida law. They include defacing churches or other places of worship, vandalizing public telephones, and others. Graffiti gets special treatment under Florida statutes, as well.

If you’re a minor, your parents may be held liable for fines for your criminal mischief in Florida, while you may have to perform community service, in addition to your other penalties. Most importantly to many young people, being convicted of criminal mischief as a minor can cause you to lose your driver’s license!

A knowledgeable Miami criminal lawyer will explain that whether you’re a minor or an adult, a criminal record can make it incredibly difficult for you to get a job, get an apartment, obtain a home loan or any kind of credit, or even travel into many foreign countries.

Being charged is not the same thing as being convicted.

The good news is that Miami criminal lawyers who handle criminal mischief charges can sometimes obtain dismissals like the ones in the Henry situation, even with felony criminal mischief charges, once they’ve been able to review all the facts of your case. However, some opportunities to see your case dismissed are extremely time-sensitive. If you wait too long to seek legal advice, you could miss your chance to garner a dismissal of your criminal mischief case and could seriously hamper your likelihood of success.

Contact a Miami criminal defense lawyer immediately, if you’ve been charged with misdemeanor or felony criminal mischief in Florida.