Melbourne Lawyer for Property Crimes in Brevard County, Florida

Facing charges for property crimes in Florida can be overwhelming, and the stakes are high. A conviction could mean hefty fines, a permanent criminal record, and even time behind bars. That’s why it’s so important to understand the different types of crimes, what the potential consequences are, and what options you might have to avoid jail time.

Defense Attorney for Property Crimes in Melbourne, Floridea

If you have received a criminal charge related to a property crimes, you need to contact an experienced criminal defense attorney immediately.

Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.

Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.

What is a Property Crime?

In Florida, property crime involves illegal activities that result in the theft, damage, or destruction of someone else’s belongings. It includes actions where someone unlawfully takes, destroys, or interferes with another person’s property without permission. These crimes often involve physical property like homes, vehicles, or personal items.

Specific Offenses

Criminal Mischief – Florida Statutes Section 806.13

Criminal mischief occurs when someone intentionally damages or destroys another person’s property, including acts like vandalism or graffiti. If the damage is less than $200, it’s a second-degree misdemeanor, which can lead to a fine or up to 60 days in jail. Damage between $200 and $1,000 is a first-degree misdemeanor. If the damage exceeds $1,000, or disrupts essential services costing $1,000 or more to fix, it’s classified as a third-degree felony. Repeat offenders may also face enhanced penalties.

Robbery – Florida Statutes Section 812.13

Robbery is when someone takes money or property from another person using force, violence, or threats. In Florida, robbery is classified as a felony, and the severity of the punishment depends on whether a weapon was involved. If a firearm or deadly weapon is used, it is a first-degree felony. If a weapon is involved but not a firearm, it is also a first-degree felony but with different sentencing options. If no weapon is involved, it is a second-degree felony.

Criminal Trespass – Florida Statutes Chapter 810

Trespassing occurs when a person enters or stays on someone else’s property without permission. If the trespassing happens in a structure or vehicle, it’s a second-degree misdemeanor, but if someone is present, it becomes a first-degree misdemeanor. If the trespasser is armed or if the trespassing occurs on certain protected properties like schools or construction sites, it can be classified as a third-degree felony.

Arson – Florida Statutes Section 806.01

Arson occurs when someone intentionally and unlawfully sets fire to or causes an explosion that damages a building, vehicle, or any other structure. If the damaged property is a home, a place where people are usually present, or a structure believed to be occupied, it is classified as first-degree arson, a felony of the first degree. If the damage occurs under other circumstances, it is classified as second-degree arson, a felony of the second degree. Additionally, if someone is injured as a result of the arson, the offender may face separate charges, including a first-degree misdemeanor or a second-degree felony if serious harm is caused.

Burglary – Florida Statutes Section 810.02

Burglary is when someone enters or stays in a building, vehicle, or other place with the intent to commit a crime inside. If the burglar is armed, assaults someone, or causes significant damage, it’s a first-degree felony. If the burglar enters an occupied building without causing harm or carrying a weapon, it’s a second-degree felony. If no one is present, and there’s no weapon or harm involved, it’s a third-degree felony. Burglaries during riots or emergencies may increase the severity of charges.

Maximum Jail Time and Fines

2nd-Degree Misdemeanor: 60 days jail, $500 fine.
1st-Degree Misdemeanor: 1 year jail, $1,000 fine.
3rd-Degree Felony: 5 years prison, $5,000 fine.
2nd-Degree Felony: 15 years prison, $10,000 fine.
1st-Degree Felony: 30 years prison, $10,000 fine.
Life Felony: Life imprisonment, $15,000 fine.

What Are Potential Defenses in Property Crime Cases?

Lack of Intent: The defendant did not intend to commit the property crime. Many property crimes require proof that the person intended to cause damage or take unlawful action. If the defendant can show that they did not have this intention, it can be a strong defense.
Ownership or Right to the Property: The defendant believed they had the legal right to the property in question. If the person charged with the crime genuinely believed that they owned or had permission to use the property, this could be a valid defense.
Mistaken Identity: The defendant was not the person who committed the crime. Property crimes often occur in situations where it is difficult to identify the person responsible. If the defendant can provide evidence that they were not at the scene or did not commit the act, this defense may apply.
Consent: The property owner gave permission for the actions taken. If the defendant can prove that they had the property owner’s consent to use, alter, or even destroy the property, then the charges may not hold.
Duress: The defendant was forced to commit the crime under threat of harm. If someone was threatened or coerced into committing the property crime, they may not be held responsible for their actions.
Accident: If the defendant can show that the property damage occurred accidentally and without intent, this defense might apply.
Self-Defense or Defense of Property: The defendant was protecting themselves or their own property. If the defendant damaged property while defending themselves or their own belongings from harm, this could be used as a defense.

Criminal Process for Property Offenses

Arrest and Booking

The process begins with the arrest. If law enforcement has probable cause to believe someone has committed a property crime, they will arrest the individual. After the arrest, the person is taken to a local jail where they go through booking. During booking, personal information is recorded, fingerprints are taken, and the charges are officially documented.

First Appearance

Within 24 hours of the arrest, the individual must be brought before a judge. This is known as the first appearance. At this hearing, the judge informs the person of the charges and determines if there is sufficient cause to hold them. If the judge finds that there is, they will also decide whether to set bail and, if so, at what amount.

Filing of Formal Charges

The State Attorney’s Office reviews the arrest report and other evidence to decide whether to file formal charges. In Florida, the prosecutor has the discretion to either proceed with the original charge or file different charges based on the evidence. This decision typically occurs within 21 days of the arrest, especially in felony cases.

Arraignment

At the arraignment, the individual is formally charged and asked to enter a plea. The plea options are “guilty,” “not guilty,” or “no contest.” If the person pleads not guilty, the case moves forward to the pretrial phase. Arraignment is a critical step because it sets the stage for the rest of the criminal process.

Pretrial Process

During the pretrial phase, both the defense and the prosecution gather evidence, interview witnesses, and file motions. Motions can include requests to suppress evidence or dismiss the charges entirely. Florida law allows for discovery, where each side must share the evidence they intend to use at trial. This phase is particularly important in property crime cases where physical evidence, such as surveillance footage or forensic analysis, plays a significant role.

Plea Bargaining

In many property crime cases, the prosecution and defense may negotiate a plea deal. This is an agreement where the defendant agrees to plead guilty to a lesser charge or receive a reduced sentence. Plea deals are common in Florida’s criminal justice system, and they help avoid the uncertainty of a trial. This is particularly important when the defendant has no prior criminal history or if mitigating circumstances, such as a lack of harm caused, can be proven.

Trial

If the case goes to trial, it can be either a bench trial, where the judge decides the case, or a jury trial. The prosecution must prove beyond a reasonable doubt that the defendant committed the property crime. The defense can challenge the evidence, cross-examine witnesses, and present its own evidence. In Florida, property crime trials may involve complex evidence, such as expert testimony on fire origins in arson cases or forensic analysis in vandalism cases.

Verdict and Sentencing

After both sides have presented their cases, the judge or jury will render a verdict. If found not guilty, the defendant is free to go. If found guilty, the judge will schedule a sentencing hearing. In Florida, sentencing for property crimes varies depending on the crime’s severity, any prior criminal record, and the specific circumstances of the case. Sentencing can range from probation and fines to lengthy prison sentences.

Appeals

If the defendant is convicted, they have the right to appeal the decision. An appeal must be based on the argument that legal errors were made during the trial that affected the outcome. The appeal process in Florida involves filing the appropriate paperwork within a strict timeline and arguing the case before an appellate court.

Collateral Consequences of a Property Crime Conviction

Employment Challenges

One of the most significant impacts is on employment. Many employers conduct background checks, and a conviction for a property crime can limit job opportunities. Certain industries, particularly those involving trust, security, or financial responsibilities, may be less willing to hire someone with a history of property crime. This can make it harder to find stable, well-paying work, leading to financial difficulties.

Housing Issues

Finding a place to live can also become more challenging after a conviction. Landlords often run background checks on prospective tenants, and a conviction for a property crime may result in a denied rental application. This can limit housing options and may force individuals to seek less desirable living arrangements.

Financial Consequences

In addition to fines and court costs, a conviction may also lead to restitution payments to victims, which can be a financial burden. The conviction could also result in higher insurance premiums or even denial of certain types of coverage, particularly if the crime involved significant property damage.

Educational Barriers

A conviction can also affect educational opportunities. Some schools may deny admission to applicants with a criminal record, particularly for certain programs or courses of study. Additionally, obtaining financial aid can become more difficult, further limiting access to higher education and the chance to pursue new career paths.

What Are Possible Alternatives to Incarceration?

Probation: Under Florida Statutes Section 948.01, an individual may be placed on probation instead of being sent to jail. Probation allows the person to stay in the community under the supervision of a probation officer. The person must follow specific conditions, such as regular check-ins with the officer, attending counseling or treatment programs, and avoiding any further criminal activity.
Community Control: According to Florida Statutes Section 948.10, community control is a form of intense supervised house arrest. It is more restrictive than probation but still allows the individual to remain in the community. The person is typically required to stay at home except for approved activities like work, school, or medical appointments. An officer closely monitors the individual’s movements.
Pretrial Diversion Programs: Under Florida Statutes Section 948.08, pretrial diversion is an option where the person can avoid a criminal conviction by completing specific programs, such as drug treatment, counseling, or community service. If the person successfully completes the program, the charges may be dismissed.
Community Service: According to Florida Statutes Section 775.091, a court may order community service as an alternative to jail time. The individual must perform a certain number of hours of unpaid work for a nonprofit organization or government entity. This option allows the person to give back to the community instead of serving time behind bars.
Deferred Prosecution Agreement: Under Florida Statutes Section 948.01(2), the state attorney may offer a deferred prosecution agreement. This option allows the individual to avoid jail by agreeing to certain conditions, such as attending treatment programs or making restitution. If the conditions are met, the charges may be dropped after a specified period.

What Can a Property Crime Lawyer Do For Me?

Explain the Charges: One of the first things your property crime lawyer will do is break down the charges against you. They’ll explain what you’re accused of, whether it’s theft, burglary, vandalism, or another property-related offense. This helps you know exactly what you’re up against.
Discuss the Legal Process: Understanding what happens next is crucial. Your lawyer will walk you through the entire legal process, from the arrest to court appearances, and what each step means for you. They make sure you’re prepared for what’s coming and know what to expect.
Gather Information: A property crimes lawyer will collect and review all the evidence related to your case. They will look at police reports, witness statements, and any other information that could impact your situation. This helps them figure out the best way to handle your case.
Communicate With the Prosecutor: Your lawyer will be in regular contact with the prosecutor handling your case. This communication is key because it allows your lawyer to negotiate on your behalf, whether it’s for reducing charges, discussing potential plea deals, or other options that could benefit you.
Prepare You for Court: If your case goes to trial, your lawyer will make sure you’re ready. They’ll explain how the court works, what will happen during the trial, and how you should present yourself. This preparation can help ease some of the stress and anxiety you might be feeling.
Protect Your Rights: Throughout the entire process, your lawyer’s main job is to protect your rights. They’ll make sure the police, prosecutors, and the court treat you fairly. If anything seems off, they’ll take action to address it, making sure you get the best possible outcome.
Provide Support and Guidance: Facing a property crime charge can be stressful. Your lawyer is there not just to handle the legal stuff but also to support you emotionally. They’ll be there to answer your questions, address your concerns, and help you stay calm throughout the process.

Additional Resources

Florida Statutes Section 806.01 – This law outlines the crime of arson in Florida. It specifies that anyone who intentionally and unlawfully damages a structure by fire or explosion can be charged with arson. Depending on the severity and circumstances, the offense can be classified as either a first-degree or second-degree felony. The law also provides definitions for key terms like “structure” and covers the associated penalties, which include significant prison time.

Florida Property Crime Offenses – This resource from the Florida Department of Law Enforcement provides data on property crimes across the state. It includes information on the rates of motor vehicle theft, larceny, and burglary for each county in Florida. The visuals allow for comparison of crime rates between different regions.

Criminal Jury Instructions for Burglary and Trespass – The Florida Bar provides standard jury instructions for cases involving burglary and trespass. These instructions guide jurors in understanding the legal definitions and elements of these crimes. The instructions cover various aspects, including the unlawful entry into buildings and the possession of burglary tools.

Lawyer for Property Crimes in Brevard County, Florida

Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.

Property Crimes