Property Crimes

Property crimes are generally defined as an intentional criminal act that results in the taking or destruction of another person’s property without the owner’s consent.

Property crimes can be charged as a felony or a misdemeanor. Property crimes are usually distinguished from violent crimes that involve a threat of force or actual force to accomplish the taking of property. The most common type of property crimes involving violence include robbery.

In Florida, the most common types of property crimes in Florida include theft, fraud, criminal mischief, burglary, and arson.

Attorneys for Property Crimes in Tampa, FL

The criminal defense attorneys at the Sammis Law Firm, P.A., represent clients throughout the greater Tampa Bay area for a variety of criminal offenses classified as “property crimes.”

Before you speak with any law enforcement officer about the allegations against you, call us to speak to an attorney about your case’s specific facts and circumstances.

Our offices are in downtown Tampa, just a few blocks from the courthouse. We also have offices in Clearwater in Pinellas County and New Port Richey in Pasco County, FL.

Call (813) 250-0500 today.

Different Types of Property Crimes in Florida

For most property crimes, the severity of the offense depends on the value of the property taken or damaged. Finding the proper valuation of the property is often an important part of the defense. Types of property crimes commonly prosecuted in Florida include the following:

• Petit Theft – Under §812.014(2)(e), Fla. Stat., petit theft involves unlawfully taking property valued at less than $750 with the intent to permanently deprive the owner. It is typically a misdemeanor, but repeat offenders may face enhanced penalties or license suspension under Florida’s theft enhancement laws.
• Grand Theft – Defined in §812.014(2)(a)–(c), Fla. Stat., grand theft occurs when property valued at $750 or more is taken unlawfully. Depending on the value and type of property, it can be charged as a third, second, or first-degree felony, with penalties up to 30 years in prison for high-value thefts or theft of certain protected items like firearms, vehicles, or controlled substances.
• Retail Theft – Governed by §812.015, Fla. Stat., retail theft includes the unlawful taking of merchandise, altering price tags, or removing security devices from a retail store. Penalties depend on the value of the items taken and prior convictions, and can include fines, restitution, and jail or prison time.
• Shoplifting – Also prosecuted under §812.015, Fla. Stat., shoplifting refers to the intentional concealment or removal of store merchandise without paying for it. Even low-value theft can result in arrest, probation, and a permanent criminal record, especially for repeat offenders.
• Burglary – Defined in §810.02, Fla. Stat., burglary involves unlawfully entering or remaining in a dwelling, structure, or conveyance with intent to commit an offense inside. Depending on circumstances—such as whether the building was occupied or a weapon was used—burglary can range from a third-degree felony to a first-degree felony.
• Dealing in Stolen Property – Under §812.019, Fla. Stat., it is a second-degree felony to traffic or attempt to traffic in property known to be stolen. Possessing stolen property with intent to resell or distribute it may also lead to additional charges for theft or organized fraud.
• Scheme to Defraud – Governed by §817.034, Fla. Stat. (the Florida Communications Fraud Act), this offense involves a continuous course of conduct intended to defraud or obtain property through false or fraudulent representations. Depending on the value of the property obtained, it may be charged as a felony of the first, second, or third degree.
• Trespass – Under §810.08 and §810.09, Fla. Stat., trespass occurs when a person enters or remains on property without authorization after being warned to depart. Trespass in a structure or conveyance is a misdemeanor, while trespass with a firearm or on a posted construction site can be a felony.
• Arson – Defined in §806.01, Fla. Stat., arson is the willful and unlawful burning of a dwelling, structure, or vehicle. First-degree arson (when a building is occupied or likely to be occupied) carries penalties of up to 30 years in prison, while second-degree arson applies to unoccupied structures.
• Burning to Defraud an Insurance Company – Under §817.233, Fla. Stat., it is a second-degree felony to intentionally burn or cause to be burned any structure, motor vehicle, or property with the purpose of collecting insurance proceeds. This charge often accompanies arson investigations involving suspicious fires.
• Burglary of a Vehicle, Occupied Dwelling, or Unoccupied Dwelling – As defined in §810.02(3)–(4), Fla. Stat., entering or remaining unlawfully in a vehicle or dwelling with intent to commit an offense constitutes burglary. Burglary of an occupied dwelling is a second-degree felony, while burglary of an unoccupied dwelling or vehicle is generally a third-degree felony.
• Gambling – Under §849.08, Fla. Stat., it is illegal to bet, wager, or participate in games of chance for money or other value outside authorized gaming facilities. Most gambling offenses are second-degree misdemeanors, but operating or promoting gambling operations can result in felony charges.
• Disorderly Conduct – Defined in §877.03, Fla. Stat., disorderly conduct (also known as “breach of the peace”) includes acts that corrupt public morals, outrage public decency, or disturb public order. It is generally a second-degree misdemeanor, often resulting in fines or short jail terms.
• Criminal Mischief – Under §806.13, Fla. Stat., criminal mischief involves willfully damaging another person’s property, including graffiti or vandalism. Penalties depend on the amount of damage—ranging from a second-degree misdemeanor for less than $200 in damage to a third-degree felony for damages exceeding $1,000.
• Firework Crimes – Governed by §791.02, Fla. Stat., the sale, use, or possession of fireworks without a permit is prohibited except for agricultural, mining, or ceremonial uses. Violations are first-degree misdemeanors, and both sellers and users may face fines and forfeiture of fireworks.
• Property Theft – Covered broadly under §812.014, Fla. Stat., property theft refers to the unlawful taking of another’s property with intent to permanently or temporarily deprive the owner of it. Penalties are based on value and prior record, ranging from petit theft (misdemeanor) to grand theft (felony), with restitution commonly required.
• Loitering and Prowling – Under §856.021, Fla. Stat., loitering and prowling occurs when a person loiters in a place, at a time, or in a manner not usual for law-abiding individuals, and under circumstances that cause justifiable alarm for the safety of persons or property. Police must observe behavior indicating a potential threat, and the accused must be given a chance to explain their presence before arrest. The offense is a second-degree misdemeanor, punishable by up to 60 days in jail or 6 months of probation. Although minor, it is often used by law enforcement as a preventative or investigatory charge when suspicious behavior is observed.

Property crimes are defined as criminal acts that occur when a person takes another person’s property without consent. When a person destroys another person’s property, it is also considered a property crime under Florida law.

Florida law also criminalizes various behaviors related to fraudulently obtaining or damaging property that a person does not own.

For instance, Section 817.03, F.S., provides that any person who makes or causes to be made any false statement, in writing, relating to his or her financial condition, assets or liabilities, or relating to the financial condition, assets or liabilities of any firm or corporation in which such person has a financial interest, or for whom he or she is acting, with a fraudulent intent of obtaining credit, goods, money or other property, and by such false statement obtain credit, goods, money or other property, is guilty of a first degree misdemeanor.

Section 806.13, F.S., provides criminal penalties for acts of criminal mischief. A person commits criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism.

The way the crime of criminal mischief is changed depends, in part, on whether the damage to the property is:

• Two-hundred dollars ($200) or less – second degree misdemeanor;
• Greater than $200 but less than $1,000 – first degree misdemeanor.
• One thousand dollars ($1,000) or greater – a third degree felony.

The crime of criminal mischief might also be changed as a third degree felony if there is an impairment or interruption of a business operation or public communications, transportation, supply of water, gas or power, or other public service that costs $1,000 or more in labor and supplies to restore.

Section 810.08, F.S., provides that a person commits the criminal offense of trespass in a structure or conveyance if the person:

• without being authorized, licensed, or invited;
• either:
  • willfully enters or remains in any structure or conveyance; or,
  • having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so.

Related Links for Property Crime Statistics

FBI’s Property Crime Statistics in the UCR Program – The FBI’s Uniform Crime Reporting (UCR) Program shows crime statistics for property crimes including larceny-theft, motor vehicle theft, burglary, and arson. The website includes crime statistics compiled by the United States Department of Justice (DOJ) and Federal Bureau of Investigations (FBI). Find graphs and figures showing a five-year trend from 2006-2010 which shows the estimated number of offenses over the last five years.

National Crime Victimization Survey (NCVS) – published by the Office of Justice Programs (OJP) Bureau of Justice Statistics (BJS). The NCVS shows crime statistics for certain property crimes, including theft, burglary, and motor vehicle theft. These crime statistics are based on surveys of a sample of households. Therefore, the property crime statistics do not include crimes against businesses. The benefit of the household survey method for measuring property crimes includes measuring crimes against household members by other family members or friends, even when those crimes are not reported to law enforcement. Any property crimes reported to law enforcement are also included in the FBI’s Uniform Crime Reports (UCR).

Florida’s Property Crime at a Glance – Visit the Florida Department of Law Enforcement (FDLE) website to find information on property crime in Florida from 1994 through 2014. The site shows the percent change in number and rate over the last ten (10) years. View a graph showing the number of offenses against the rate per 100,000. Property crimes included in the study include motor vehicle theft, larceny, and burglary. The statistics show a significant drop in the number and rate of property offenses reported over the past ten (10) years. SOURCE: Florida Statistical Analysis Center: FDLE (1994-2014). Crime in Florida, Florida uniform crime report [Computer program].

Finding a Lawyer for Property Crimes in Tampa, FL

If you have been arrested for any property crime in Tampa or the surrounding areas, then contact us for a free consultation.

Our main office is located in downtown Tampa, FL. We also have a second office in New Port Richey directly across from the West Pasco Judicial Center. We fight these cases throughout Hillsborough County and the surrounding counties of Hernando County, Pasco County, Pinellas County, and Polk County.

Act quickly to preserve all avenues of fighting the charges. Call to speak with a criminal defense attorney at the Sammis Law Firm.

This article was updated on Friday, April 12, 2024.