If you’ve been arrested for a property crime, you need to take the matter seriously, no matter the property in question. The penalties for property crimes can include jail, probation, loss of licensure, and a permanent criminal record that can be a bar to employment or educational opportunities. Contact us now to speak with an attorney about your case.
The State of Florida categorizes property crimes by determining the amount of property stolen or damaged and the elements of the crime. It’s not unusual to be charged with two or more property crimes for the same offense. For instance, the police frequently charge burglary and theft for the same offense since theft is not a required element of burglary.
If you’ve been arrested, or think you are about to be arrested, for Property Crime in Florida, the Weinstein Legal Team is ready to take your case. Call us today to speak with an attorney, or click below to get your case file started.
*The person pictured may not be the actual reviewer.
Matt Shafran was extremely professional, knowledgeable, and supportive He made what would have otherwise been a nightmare experience much, much easier to deal with. He was very understanding about and able to address all of my concerns. He handled my case efficiently and successfully. I would recommend him to anyone who finds themselves in my situation or anything similar.
“I believe it's a defense attorneys duty to be 100% all in when defending a client - no matter the charge.”
“I treat each client's case with the same attention and passion as I would a friend or family members."
The state of Florida categorizes property crimes by determining the amount of property stolen or damaged and the elements of the crime. It's not unusual to be charged with two or more property crimes for the same offense. For instance, the police frequently charge burglary and theft for the same offense since theft is not a required element of burglary. Here are some of the most common types of property crimes in Florida.
Larceny, Theft and Shoplifting
Larceny is a crime involving unlawfully taking, leading, carrying, or riding away of tangible property from another person, also known as theft. Under Florida State Statute 812.014, theft can be charged if the defendant knowingly obtains property without permission to temporarily or permanently deprive the owner of the use of the property in question. In Florida, theft is usually a misdemeanor (petit theft) if the property's value is under $300. If the value exceeds that amount, it becomes grand theft, which is a felony. Certain items, like stolen firearms, will always be charged as a felony, regardless of value. Shoplifting is a particular type of theft that involves the removal of an item from a store. If the defendant has two prior shoplifting convictions, it becomes a felony regardless of the amount. Charged with Theft? We Can Help.
Burglary and Trespassing
Trespassing is usually a misdemeanor in the state of Florida. Trespass means entering or remaining on a property without permission without the intention of committing a crime. The property may have posted signs, or the owner or their agent could expressly tell you to leave. Under FSS 810.02, burglary is a felony in the state of Florida. Burglary means that you've entered or remained in a property with the intent to commit a crime. With burglary, it may be assumed that you were entering to commit a crime if you are caught attempting to break into a building or vehicle. Like theft, burglary can be charged with other crimes. For instance, if you were caught leaving a building that you broke into while possessing stolen property, you would be charged with burglary and theft. If you were caught vandalizing the interior but did not possess of stolen property, you would be charged with burglary and criminal mischief.
This is the willful destruction of another's property. Under FSS 806.13, the misdemeanor to felony threshold for most types of criminal mischief is $1,000. There are exceptions, though. For instance, if you cause more than $200 damage to a religious building or historical landmark, it will be charged as a felony. If you are charged and have a prior conviction for criminal mischief, it can be charged as a felony.
Arson is charged as a felony crime regardless of the occupancy of the dwelling or the amount of property damage involved. The penalties are more severe, however, if the building is occupied. This is just a survey of property crimes in Florida. There are, of course, specific types of property crimes, like fraud or embezzlement, that are technically thefts but carry enhanced charges. For clarification about your specific charges, contact our attorneys to discuss your case.
Second-Degree Misdemeanor: Up to 60 days in jail and a $500 fine
First-Degree Misdemeanor: Up to one year in jail and a $1,000 fine
Third-Degree Felony: Up to five years in prison and a $5,000 fine
Second-Degree Felony: Up to fifteen years in prison and a $10,000 fine
First-Degree Felony: Up to fifteen years in prison and a $15,000 fine
It's important to note that all property crimes can result in a criminal record and court-ordered restitution for the victim's losses.
What You Should Do If You're Charged With a Property Crime
Many cases have been lost because the defendant made a mistake before they spoke with a property crimes defense lawyer. The following information is not legal advice. For solid legal advice from an aggressive criminal defense lawyer, contact Weinstein Legal. Dos and Don'ts include:
Do Not Agree to Answer Questions – You have the right to remain silent. Tell the police officers that you are invoking your Fifth Amendment rights and refuse to answer questions.
Do Not Try to Lie Your Way Out of Charges – If you try to lie, you can be charged with additional crimes. The prosecution can also bring up your obstruction during a trial, which could prejudice the jury against you.
Do Not Resist Arrest – Fighting with the police is a losing proposition, and it complicates your case.
Do Contact an Attorney – The assistant state attorneys who prosecute property crimes cases in South and Central Florida are sharp and effective. You need representation from a criminal defense lawyer who knows how to defend your rights.
Areas We Serve for Property Crime Charges
We serve clients throughout all counties in South and Central Florida. The defense attorneys at the Weinstein Legal Team represent individuals accused of all felony and misdemeanor property crimes and other charges. Whether you've been arrested for theft, burglary, criminal mischief, fraud, or another type of charge, you will significantly increase your chances of beating the charge by hiring a seasoned criminal defense lawyer. Many people charged with property crimes, particularly misdemeanors, believe it's better to save money by using a court-appointed attorney, but this is usually not in their best interest.
While the public defenders in Florida are dedicated lawyers, most of them are assigned unmanageable caseloads. This means they don't have enough time for their clients' cases. Don't take chances with your defense. Contact the Weinstein Legal Team at 954-845-0505 for a free legal consultation regarding your case.
Florida Property Crime Defense Law Firm
Don't risk jail or prison if you've been charged with a property crime. The attorneys of Weinstein Legal can examine your case and determine the best defense. If you've been arrested or know you're the subject of an investigation, contact us as soon as possible. Schedule your appointment with our legal team virtually or in person at one of our three Florida offices.