What is considered a property crime in Florida?

Property crimes in Florida include any unlawful entry, damage, or interference with another person’s property. Common examples are trespassing (Fla. Stat. §§ 810.08 & 810.09), burglary (Fla. Stat. § 810.02), criminal mischief/vandalism (Fla. Stat. § 806.13), and possession of burglary tools. In Fort Lauderdale and Broward County, even “minor” property crimes can carry jail, probation, and restitution.

Is trespassing a misdemeanor or felony in Florida?

Most trespass charges in Florida are misdemeanors punishable by up to 60 days in jail. Trespass can be charged as a felony if it involves a school, dwelling, or occupied structure, or if the accused was armed. In Broward County, prosecutors pursue these cases aggressively, so contacting a Fort Lauderdale trespassing defense lawyer quickly is critical.

Can I be charged with burglary for entering a car or garage?

Yes. Under Florida Statute § 810.02, burglary covers more than homes—entering a vehicle, garage, shed, or other conveyance with intent to commit a crime can lead to burglary charges. In Fort Lauderdale, burglary of a conveyance is a common arrest and penalties can include a felony conviction and prison time.

What if I had permission to be on the property?

Permission—or a reasonable belief that you had permission—can be a valid defense to trespass or burglary. Disputes often arise from landlord-tenant or shared-property situations. A defense lawyer can raise this early and may secure a reduction or dismissal.

Can a lawyer get my property crime charge dismissed or reduced?

Often, yes. A Fort Lauderdale property crime defense attorney can challenge the State’s proof of intent, dispute eyewitness identification, or move to suppress evidence from unlawful searches. Many clients qualify for diversion or a withhold of adjudication—especially first-time offenders—helping protect their record.

Will I go to jail for a property crime in Florida?

It depends on the charge and your record. Misdemeanor trespass can result in probation, while felony burglary can include prison time. Sentencing considers the amount of damage, prior convictions, and whether a weapon was involved. In Broward County, negotiated outcomes can sometimes avoid jail through reduced charges or diversion.

Can property crime convictions be sealed or expunged in Florida?

You cannot seal or expunge a conviction. However, if your case was dismissed, nolle prossed, or you received a withhold of adjudication and you meet eligibility rules, you may qualify. Our firm helps clients in Fort Lauderdale pursue record sealing and expungement when possible.

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🏚️ Fort Lauderdale Property Crime Defense Attorney

Last updated February 2026

Protecting Clients Charged With Burglary, Trespassing, and Criminal Mischief Across South Florida

If you’ve been arrested for a property crime in Fort Lauderdale or Broward County—whether it’s burglary, trespassing, or criminal mischief (vandalism)—you could be facing serious consequences. Florida law treats property crimes harshly, with penalties ranging from probation and restitution to felony convictions and mandatory prison time.

At Michael White, P.A., we understand how quickly these cases escalate and how aggressively prosecutors pursue them. As a former Broward County prosecutor, Michael White has handled hundreds of property crime cases on both sides of the courtroom. Today, he uses that insight to defend clients accused of burglary, trespass, vandalism, and related offenses throughout South Florida.

📞 Call (954) 270-0769 or book your free consultation to protect your future before speaking to law enforcement.

🧱 What Counts as a Property Crime in Florida?

Under Florida law, a property crime is any offense that involves unlawful entry, damage, or interference with another person’s property. These cases range from trespassing and vandalism (criminal mischief) to more serious charges like burglary of a dwelling, structure, or conveyance.

Whether you are charged in Fort Lauderdale, Broward County, or elsewhere in South Florida, the penalties can be severe. Misdemeanor trespass may carry up to 60 days in jail, while felony burglary can result in years of prison, restitution, and a permanent criminal record.

📚 Florida Property Crime Statutes

Property crimes in Florida are primarily prosecuted under Chapter 810 (burglary and trespass) and Chapter 806 (criminal mischief). These statutes define the elements prosecutors must prove — including unlawful entry, intent, and willful damage.

Understanding which statute applies can determine whether a case is charged as a misdemeanor or felony.

🗂️ Common Property Crime Charges in Florida

At Michael White, P.A., we routinely represent clients in Fort Lauderdale and across Broward County facing charges such as:

Burglary in Florida
Trespassing in Florida
Criminal Mischief (Vandalism) in Florida
Burglary With Assault or Battery
Possession of Burglary Tools

⚖️ Penalties for Property Crimes in Florida

In many property crime cases, courts order restitution in addition to fines or jail. Restitution may include repair costs, replacement value, and administrative expenses.

Even misdemeanor convictions can affect:

Employment opportunities
Professional licenses
Housing applications
Immigration status

Felony convictions carry even greater long-term consequences.

💰 Restitution and Long-Term Consequences

Property crime penalties depend on the charge, the location involved, and whether aggravating factors apply.

• Trespassing is often charged as a misdemeanor, but can become a felony in protected or occupied locations.
• Criminal mischief penalties depend on the amount of damage and the type of property involved.
• Burglary is always a felony and carries the most severe consequences — especially when assault, battery, or weapons are alleged.

👉 For charge-specific penalties and defenses, see the guides below.

⚠️ Why Property Crimes Shouldn’t Be Taken Lightly

Even seemingly minor charges like trespassing or graffiti can carry:

Jail or prison time
Lengthy probation
Thousands in restitution or fines
Permanent criminal records that affect housing, jobs, and immigration

And for felony property crimes like burglary, sentencing enhancements may apply if weapons or prior offenses are involved.

🛡️ Common Defenses to Property Crime Charges

While every case is different, property crime defenses often focus on intent, lawful access, identification issues, and the prosecution’s ability to prove each element beyond a reasonable doubt.

The exact defenses available depend on whether the charge involves burglary, trespass, or property damage.

🧰 Example: Burglary Tools Allegations

Simply possessing a common tool—like a crowbar or screwdriver—does not prove burglary under Fla. Stat. § 810.06. The State must prove that you intended to use the tool for an unlawful purpose, which is often very difficult. Many people carry tools for work or everyday use, and that lawful explanation can defeat the prosecution’s case. Without clear evidence of criminal intent, a burglary tools charge may collapse in court.

For detailed defenses, penalties, and strategy, see the charge-specific guides above.

👨‍⚖️ Former Prosecutor. Now Your Advocate.

Attorney Michael White has handled hundreds of property crime cases—on both sides of the courtroom. As a former prosecutor, he understands the strategy behind how these charges are filed and fought.

If you’re unsure whether your case involves burglary, trespass, or criminal mischief, the difference matters. The charge determines whether the case is a misdemeanor or felony — and what defenses are available.

📞 Call (954) 270-0769 or request a consultation online