Daytona Beach Destruction of Federal Property Defense Lawyers

Federal Property Damage Defense Attorneys

When facing accusations of destroying or defacing federal property, you're not just dealing with a serious charge. You're entering the federal justice system, where rules are stricter, penalties are harsher, and the prosecution often comes well-prepared. 

Whether the alleged damage involves graffiti on a government building, destruction at a national park, or harm to any federally owned structure, you could be charged with either a misdemeanor or a felony, depending on the repair or replacement costs. If the damage exceeds $1,000, federal law under 18 U.S.C. § 1361 allows for felony charges and up to 10 years in prison.

Federal property damage cases proceed swiftly and are prosecuted fiercely, so having the right defense team is essential.

At Hager & Schwartz, P.A., we bring over fifty years of combined legal experience to your defense. As former state prosecutors, we understand how federal attorneys build their cases—and more importantly, how to identify weaknesses in those cases. We don’t offer generic solutions. Instead, we develop tailored legal strategies specific to your situation, aiming to reduce your exposure to severe penalties or eliminate them. We are fully dedicated to securing fair and just outcomes for our clients, and we stay consistently accessible throughout the legal process to answer your questions and provide guidance when it matters most.

If you're being investigated or have already been charged with destruction of federal property in Daytona Beach or anywhere in Florida, contact us for a free, confidential consultation.

Facing Federal Property Damage Charges in Florida?

Destruction of federal property is a serious federal crime that occurs when someone intentionally or recklessly damages any real or personal property owned by the United States government. This includes property managed by any department or agency, from the National Park Service to the Department of Defense. The law that covers these charges, 18 U.S.C. § 1361, lets prosecutors pursue either misdemeanor or felony charges based on how severe the damage is.

Federal jurisdiction applies in a wide range of locations, including:

• National parks and forests
• Federal courthouses
• Post offices
• Military bases
• Government monuments and memorials

These cases often arise from everyday moments or larger events that escalate quickly.

Common scenarios include:

• Vandalism or graffiti on government buildings
• Protest-related property damage
• Trespassing on federal land that results in destruction
• Reckless behavior, such as lighting fireworks or fires near federal structures

If you're under investigation or facing charges, remember that these allegations are more than just a property dispute. They are a federal issue that can impact your record and future. Our Daytona Beach federal property destruction defense attorneys understand the seriousness of these charges and how overwhelming this time can be. We offer clear answers, strategic legal advice, and the experienced representation you need at every stage.

What Are the Penalties for Destroying Federal Property?

The penalties for destroying federal property can be severe, extending beyond just jail time. Depending on the circumstances, a conviction under federal law can lead to hefty fines, long-term imprisonment, and lifelong consequences that stay with you.

Under 18 U.S.C. § 1361, the severity of the punishment depends on the value of the damage. If the cost to repair or replace the damaged government property exceeds $1,000, the offense is classified as a felony. If the damage is $1,000 or less, it’s considered a misdemeanor—but that doesn’t mean it’s without serious consequences.

Here’s how the penalties break down:

• Felony (damage over $1,000):

• • • Up to 10 years in federal prison
    • A fine of up to $250,000
    • Possible restitution to the government for the value of the damage

• Misdemeanor (damage $1,000 or less):

• • Up to 1 year in prison
  • A fine of up to $100,000
  • Restitution may still be ordered

A conviction can have more serious, life-changing effects besides these immediate penalties. You might lose eligibility for federal jobs, encounter problems passing background checks, and if you’re not a citizen, your immigration status could be jeopardized.

Federal property damage charges aren’t just legal issues. They're deeply personal, affecting your livelihood, freedom, and future. That’s why working with a skilled defense team that understands the importance of the case is essential. Our Daytona Beach criminal defense attorneys have decades of experience handling serious federal charges and are dedicated to protecting your rights at every step.

The Difference Between Federal and State Charges

If you’re facing property damage charges, it’s crucial to understand who is prosecuting your case. Destruction of property might seem like a simple offense, but whether the case is handled at the state or federal level can influence the outcome and your future.

Federal property damage charges are governed by federal law and prosecuted in federal court, usually under statutes like 18 U.S.C. § 1361. These cases often result in harsher penalties compared to state-level charges. Federal charges are typically applied when the property damaged belongs to the U.S. government, such as courthouses, post offices, national parks, monuments, or military facilities.

In contrast, charges related to property damage are governed by laws like Florida Statutes § 806.13, which address criminal mischief and vandalism of private and public property within the state. These cases are handled in state courts and typically carry less severe penalties, even for felony-level offenses, depending on the extent of the damage and other factors.

So, when does federal law take precedence? Jurisdiction usually depends on who owns the property and the type of offense. If a federal agency owns the property—or if the alleged offense occurred on federal land—the case is likely to be handled at the federal level. 

In these situations, the investigation may be led by agencies such as:

• The Federal Bureau of Investigation (FBI)
• The Department of Homeland Security (DHS)
• The National Park Service (NPS)

Facing federal vandalism charges in Florida isn’t just a more serious version of a state case. It involves a completely different legal process, with stricter procedures, experienced federal prosecutors, and often harsher sentencing guidelines. That’s why having a defense team with specific experience handling federal versus state charges is essential.

Our Daytona Beach federal defense attorneys understand the intricacies of federal vandalism cases and how to challenge them effectively. If you’re under investigation or have been charged, we are prepared to protect your rights and advocate for a fair outcome.

Defense Strategies for Federal Property Damage

Facing a federal charge for damaging government property can be overwhelming, but it’s important to remember that being charged does not mean you're guilty. Several solid legal strategies can challenge federal property damage claims, and having the proper defense can influence your case's outcome.

We handle every case with care and intent. With backgrounds as former state prosecutors, we know how the government constructs its case, and we leverage that knowledge to find and expose weaknesses in the prosecution’s story. Every case is different, so we customize our defense approach to fit your specific facts and challenges.

Defenses in federal property damage cases may include:

• Lack of intent: Federal law requires that the damage be intentional or willful. If your actions were accidental—or if no clear evidence exists that you intended to cause harm—we may be able to challenge the basis of the charge.
• Mistaken identity: In chaotic situations like protests or large public events, it’s not uncommon for individuals to be wrongly identified. We thoroughly examine surveillance footage, witness statements, and police procedures to expose identification errors.
• Constitutional violations: If law enforcement violated your constitutional rights—such as conducting an illegal search or seizure—we can move to have critical evidence suppressed, potentially weakening or even dismantling the government's case.
• Disputing the value of the damage: The threshold between a misdemeanor and a felony charge is $1,000 in damage. We scrutinize the government’s estimates and challenge inflated or unsupported valuations.
• First Amendment protections: If the alleged damage occurred during a protest or public demonstration, we may, depending on the circumstances, raise arguments rooted in free speech or peaceful assembly.

From allegations of graffiti on federal buildings to claims of intentional vandalism during public demonstrations, our team is experienced in handling even the most complex cases involving federal property damage charges.

Get a Free Case Review with a Daytona Beach Federal Property Crimes Lawyer

If you’re facing federal charges for damaging government property, now is the time to act. Federal cases move swiftly, and a conviction could have life-changing consequences. The sooner you consult a skilled defense attorney, the more options you'll have to protect your rights, freedom, and future.

At Hager & Schwartz, P.A., we are committed to standing with you from day one. Our attorneys understand the complexities of federal law and how overwhelming the legal system can be. We adopt a proactive approach—delving into details, challenging the prosecution’s assumptions, and crafting a defense strategy tailored to your situation.

Whether you’ve already been charged or believe you’re under investigation, our Daytona Beach federal property crimes lawyers are prepared to assist you. 

Fill out our online form to schedule a free, confidential consultation. Let’s discuss your case and your next steps.