Property & Theft Crimes Defense

At The Ishak Law Firm, we recognize that being accused of a property crime or theft offense in Florida is not only frightening but also life-altering. An arrest for shoplifting, burglary, or even vandalism can carry penalties that extend well beyond the courtroom. A conviction may affect your ability to secure housing, obtain employment, or maintain professional licensing. For non-citizens, it may even jeopardize immigration status. Led by attorney Monica Ishak, our firm provides strategic and aggressive defense to individuals facing property-related charges in West Palm Beach and throughout Palm Beach County. We take the time to analyze every detail of your case, ensuring that your side of the story is heard and that your constitutional rights are protected.

Understanding Theft Crimes in Florida

Florida’s theft statute, Florida Statutes §812.014, defines theft as knowingly obtaining or using, or attempting to obtain or use, the property of another with the intent to temporarily or permanently deprive the rightful owner of that property or its benefits. The seriousness of the charge depends on two key factors: the value of the property and the nature of the item taken.

Petit Theft in Palm Beach County

Petit theft is one of the most common theft charges filed in West Palm Beach. It applies when the value of the property is less than $750. The charge is classified as either second-degree or first-degree misdemeanor, depending on the value involved. Even though it may be considered a “minor” offense, the consequences are significant. A conviction can result in jail time of up to one year, fines, probation, and mandatory community service. More importantly, a theft conviction creates a permanent criminal record that employers and landlords can see during background checks. Florida law also allows the suspension of your driver’s license for certain repeat theft convictions, creating yet another hardship for those already facing criminal penalties.

Grand Theft: A Felony With Severe Consequences

When the value of the stolen property reaches $750 or more, or when the property falls into certain protected categories such as firearms, motor vehicles, controlled substances, or law enforcement equipment, the charge escalates to grand theft. Grand theft is classified as a felony, with degrees ranging from third to first. Third-degree grand theft is punishable by up to five years in prison, while first-degree grand theft carries penalties of up to 30 years. Beyond incarceration and fines, felony convictions carry lifelong consequences, including the loss of civil rights, difficulty in obtaining housing, and long-term damage to personal reputation.

In Palm Beach County, prosecutors aggressively pursue grand theft cases, especially those involving organized schemes to defraud or thefts from retail establishments. An experienced defense attorney can make the difference between a felony conviction and a reduced charge or dismissal.

Burglary Charges in Florida

Burglary is defined under Florida Statutes §810.02. Contrary to popular belief, burglary does not require “breaking in” with force. Simply entering a structure, dwelling, or conveyance with the intent to commit a crime inside (even through an unlocked door) may be considered burglary. Similarly, remaining in a building after being told to leave, if coupled with criminal intent, can meet the legal standard.

The degree of a burglary charge depends on multiple factors, including whether the building was occupied, whether the accused was armed, and whether an assault or battery occurred during the incident. Burglary of an unoccupied structure without aggravating factors may be charged as a third-degree felony, carrying up to five years in prison. However, burglary of an occupied dwelling or burglary with a weapon may be charged as a first-degree felony, punishable by life imprisonment.

In West Palm Beach, burglary charges are often accompanied by other allegations, such as theft or criminal mischief. This creates additional risks for defendants, as prosecutors may attempt to stack charges to increase sentencing exposure.

Criminal Mischief: More Than Simple Vandalism

Criminal mischief, defined in Florida Statutes §806.13, involves the willful and malicious damage of property belonging to another. Acts such as spray-painting graffiti, breaking windows, or damaging vehicles may fall under this category. While often perceived as a “minor” offense, criminal mischief can be a felony if the damage exceeds $1,000 or if the property belongs to a school, religious institution, or utility provider. For example, damaging electrical equipment or communication infrastructure in Palm Beach County can lead to enhanced felony charges, with penalties far beyond what many expect for what may seem like a prank or momentary lapse in judgment.

Other Common Property Crimes in Florida

While theft, burglary, and criminal mischief are among the most common, Florida law encompasses a wide range of property offenses:

Dealing in stolen property (§812.019): Knowingly selling or trafficking stolen goods is a second-degree felony, punishable by up to 15 years in prison.
Trespassing (§810.08, §810.09): Entering or remaining on another’s property without authorization can be charged as a misdemeanor or felony, depending on the circumstances.
Shoplifting and retail theft (§812.015): Palm Beach retailers and law enforcement actively pursue shoplifting cases, with penalties ranging from misdemeanors to felonies based on value and prior history.
Arson (§806.01): The willful burning of property, even if no one is injured, is a first-degree felony in many circumstances.

Each of these crimes carries its own statutory elements and potential defenses, making it critical to have an attorney who is well-versed in Florida property laws.

Defending Against Property and Theft Charges

At The Ishak Law Firm, our defense strategies are grounded in the understanding that many property crimes hinge on issues of intent, ownership disputes, or misidentification. For example, borrowing an item without permission may be misconstrued as theft, and being present at a location where a crime occurred may lead to false assumptions about participation. Our defense process often includes:

Conducting an independent investigation into the allegations.
Reviewing surveillance footage, police reports, and forensic evidence for inconsistencies.
Challenging witness identifications that may be unreliable or biased.
Filing motions to suppress evidence obtained unlawfully, such as through illegal searches.
Negotiating with prosecutors for reduced charges, pretrial diversion, or dismissal where appropriate.

We also consider alternatives to incarceration. Palm Beach County offers diversionary programs for first-time offenders, including theft diversion programs that may allow participants to complete counseling, perform community service, or make restitution in exchange for charges being dismissed. For many, this can mean avoiding the permanent stigma of a criminal conviction.

Restitution in Florida Property Crime Cases

In addition to fines, probation, or jail time, individuals convicted of theft or other property crimes in Florida may also be ordered to pay restitution. Restitution is a court-ordered payment to the victim intended to cover the financial losses caused by the offense. This may include the cost of stolen items, repairs for damaged property, or reimbursement for expenses the victim incurred because of the crime. Unlike a fine, which is paid to the state, restitution is directed to the victim as compensation.

For defendants, restitution can be a condition of probation or part of a plea agreement. Failure to pay may result in a violation of probation, which can bring additional penalties. While restitution can provide a way to resolve a case without the harshest punishments, it also requires careful negotiation. An experienced defense attorney can work to ensure the amount of restitution is fair and based on actual, documented losses rather than inflated or speculative claims.

How Palm Beach County Prosecutors Handle These Cases

The State Attorney’s Office in Palm Beach County prosecutes property and theft crimes aggressively, especially repeat offenses. Prosecutors often seek enhanced penalties for those with prior convictions, and they may file felony charges even when the facts could support a misdemeanor. Understanding the local court system and how individual prosecutors approach these cases is essential to building an effective defense. Attorney Ishak has the experience to anticipate prosecutorial strategies and counter them with well-prepared defenses.

Long-Term Impact of Property Crime Convictions

A conviction for theft or property crime has long-term consequences beyond the courtroom. Employers routinely conduct background checks, and theft offenses are often viewed as crimes of dishonesty, creating barriers to employment in fields such as finance, healthcare, and retail. Landlords may deny housing applications, and professional licensing boards may impose sanctions. For non-citizens, theft and burglary are often considered crimes of moral turpitude, which can trigger deportation or prevent naturalization. These collateral consequences make it all the more important to mount a strong defense from the outset.

Building a Personalized Defense in West Palm Beach

Every property crime case is unique. The facts, the evidence, the defendant’s history, and the specific statutes involved all shape the defense strategy. At The Ishak Law Firm, we approach each case with the understanding that no two clients are the same. We dedicate the time and resources necessary to understand your situation fully and to craft a defense tailored to your needs. Whether negotiating a favorable plea, securing entry into a diversion program, or taking your case to trial, we are committed to fighting for the best possible outcome.

Call The Ishak Law Firm Today

If you or a loved one is facing charges for theft, burglary, criminal mischief, or any other property crime in West Palm Beach or Palm Beach County, do not wait to seek legal representation. Attorney Monica Ishak and her team at The Ishak Law Firm are ready to stand by your side, challenge the prosecution’s case, and fight to protect your future. Contact us today to schedule a confidential consultation and begin building a defense strategy designed to safeguard your rights and your freedom.