At The Ishak Law Firm, P.A., we understand that facing criminal charges for theft or property-related offenses in Florida can be both intimidating and life-altering. Whether you are accused of shoplifting, vandalizing someone’s property, or unlawfully entering a building, these offenses carry serious penalties that can affect your personal life, employment opportunities, housing, and future. Our firm has attorneys specialized in property defense crimes in South Florida, providing strategic, skilled representation tailored to the specific circumstances of each case.
Florida law defines theft under Florida Statutes §812.014 as knowingly obtaining, using, or attempting to obtain or use the property of another with the intent to either temporarily or permanently deprive the rightful owner of the property or its benefits. The legal classification and severity of the charge depend primarily on the value of the stolen property and the type of item involved.
Petit Theft (Misdemeanor): Applies when the value of the stolen property is less than $750. This offense is typically charged as a misdemeanor, either second- or first-degree, and may carry penalties of up to one year in jail, probation, community service, and a permanent mark on your criminal record.
Grand Theft (Felony): If the value is $750 or more, or if certain protected items are involved—such as firearms, motor vehicles, controlled substances, or law enforcement equipment—the charge may escalate to grand theft, a felony offense. Felony theft can result in years of imprisonment, hefty fines, and long-term consequences for professional licensing and immigration status.
Burglary, governed by Florida Statutes §810.02, is a distinct and severe property crime that involves unlawful entry into a dwelling, structure, or conveyance with the intent to commit an offense therein. Importantly, burglary does not require forced entry. Simply entering a building through an unlocked door or remaining inside after being told to leave, if done with criminal intent, may constitute burglary.
Burglary charges vary in degree and severity based on: whether the structure was occupied or unoccupied, whether a weapon or explosive device was used, whether the accused has prior convictions, or whether assault or battery occurred during the burglary.
These aggravating factors can elevate the charge to a first-degree felony, which may carry a maximum sentence of life imprisonment.
Criminal mischief, also referred to as vandalism, is defined in Florida Statutes §806.13. This offense includes acts like graffiti, damaging property, slashing tires, or breaking windows, and must involve malicious and intentional conduct. The charge level depends on the amount of damage (e.g., under or over $1,000), the type of property affected (e.g., religious institutions, schools, public utilities), and prior criminal history.
In cases where the damage exceeds certain thresholds or involves special categories of property, criminal mischief may be classified as a felony, despite the perceived minor nature of the act.
At The Ishak Law Firm, we recognize that property and theft charges often hinge on subjective factors, such as intent, ownership disputes, or misidentification. Our defense strategy includes a thorough investigation of the allegations, careful analysis of surveillance video, police reports, and witness statements, legal motions to suppress evidence obtained in violation of your rights, and negotiating for pre-trial diversion, charge reductions, or dismissals, where appropriate.
We also understand the value of alternatives to incarceration. For eligible clients, we advocate for first-time offender programs, theft diversion programs, or restitution agreements that may allow you to avoid a permanent criminal record.
If you or someone you care about is facing charges for theft, burglary, or criminal mischief and are looking for an experienced criminal defense attorney in West Palm Beach, contact The Ishak Law Firm, P.A. We are committed to protecting your rights, challenging the prosecution’s evidence, and pursuing the best possible resolution to safeguard your future.