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  1. #1

    Default Criminal Mischief Charges for Discharging Fire Extinguishers

    My question involves criminal law for the state of: Florida.
    Yesterday my friend and I were at a parking garage. We are both 18 and attend the University of Florida. It was our last day of the semester and we were with a couple girls and wanted to impress them. We thought it would be cool to take some fire extinguishers that were there and spray each other with them. And that's exactly what we did. Maybe 5 secs after we sprayed the fire extinguisher, security came and made us wait until the police came. The cops charged us with Criminal Mischief and we now have a court date. However, this morning we went to the owner of the parking garage and explained our situation and how sorry we feel and he said he would not press charges. I'm not sure what that means, do we still have to go to court? Will this still give us a criminal record? Is there anything we can do?

    Thank you..

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Criminal Mischief - Fire Extinguisher

    People don't "press charges" they report crimes and the authorities choose to prosecute.

    The owner's desire not to press charges may be irrelevant since he did not witness the offense and he was not the one that reported it.

    You all still have to go to court and if you get convicted, yes, your get a criminal record that will follow you around for the rest of your life and cause you all sorts of grief.

    And if you're being charged with THIS criminal mischief statute:

    2015 Florida Statutes - Title XLVI - CRIMES
    Chapter 806 - ARSON AND CRIMINAL MISCHIEF
    SECTION 10 - Preventing or obstructing extinguishment of fire.
    806.10 Preventing or obstructing extinguishment of fire.—
    (1) Any person who willfully and maliciously injures, destroys, removes, or in any manner interferes with the use of, any vehicles, tools, equipment, water supplies, hydrants, towers, buildings, communication facilities, or other instruments or facilities used in the detection, reporting, suppression, or extinguishment of fire shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


    It's a felony.

    You'd better hire yourself a good criminal defense attorney real fast, no matter what the cost, and hope to heck he can get you out from under this.

  3. #3
    Join Date
    Apr 2006
    Posts
    122

    Default Re: Criminal Mischief - Fire Extinguisher

    Actually dispensing fire extinguishers for a non emergency. tampering with any emergency equipment can be charged just like pulling a false fire alarm. What were you doing wasting your time in a parking lot You can be charged for replacing the extinguishers, tampering with the equipment and even community service or possibly but very unlikely jail. And you are tried as adults not even kids. Did you expect not to be caught? Perhaps they are now looking to see if you are on CCTV causing other damage and if thefts were reported in the parking lot you may be just the suspect they are looking for.

    I would seek a lawyer and then wait for your court date. The fine can be a couple of hundred to a couple of thousand dollars depending on what resources were taken out of commission. Plus you may be charged for other thefts. I really think there is more to the story than just what you reported here. Just like if you pull a false fire alarm the fire department has to respond when they could be responding to a real emergency.

    In addition if this was done on University property you may be suspended or even expelled or placed on academic probation. The Dean may be contacting you too.

  4. #4
    Join Date
    Sep 2013
    Posts
    312

    Default Re: Criminal Mischief - Fire Extinguisher

    Here's what you earned by "impressing" those girls; a criminal record.

    The owner of the garage has nothing to do with the charges. You'll need to plead to the judge.

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