Monica Ishak, Esq.
Trial Attorney. Advocate for
Criminal Justice Reform.
Criminal Justice Reform.
Property & Theft Crimes FAQs
What are property and theft crimes?
Property and theft crimes involve the unlawful taking of, or damage to, another person’s property. These offenses can range from minor misdemeanors to serious felonies and include charges such as theft, burglary, criminal mischief, shoplifting, grand theft, dealing in stolen property, and more. The severity of the charge typically depends on the value of the property, whether force or entry was involved, and the defendant’s prior criminal history.
Under Florida law, theft occurs when someone knowingly obtains or uses—or attempts to obtain or use—the property of another with the intent to temporarily or permanently deprive the owner of it. Theft can be classified as petit theft or grand theft, depending on the value of the property involved. Items valued under $750 usually fall under petit theft, while anything valued over that threshold may be charged as grand theft, which carries more serious penalties.
Criminal mischief refers to the intentional and malicious destruction, damage, or defacement of another person's property. This can include acts like vandalism, graffiti, or breaking windows. The level of the charge depends on the extent and cost of the damage. If the damage exceeds certain dollar thresholds, or if it involves a place of worship, a public utility, or law enforcement equipment, the offense can be elevated to a felony.
Burglary involves unlawfully entering or remaining in a structure, dwelling, or conveyance with the intent to commit a crime inside. You don’t have to “break in” for it to be burglary—it can include entering through an unlocked door or even remaining in a store after closing hours. Theft, by contrast, focuses solely on the unlawful taking of property, regardless of how or where the act occurs. Burglary is usually charged as a felony and often carries more severe penalties than theft alone.
Penalties vary depending on the charge and whether it's classified as a misdemeanor or felony. Petit theft may result in jail time, probation, fines, and a driver’s license suspension. Grand theft and burglary can carry multi-year prison sentences, restitution requirements, and a permanent criminal record. A conviction can also seriously impact employment, housing, and immigration status.
There are several possible defenses, depending on the facts of the case. Common strategies include challenging the identity of the alleged offender, proving lack of intent, showing that the property was not taken or damaged unlawfully, or demonstrating mistaken ownership or consent. In some cases, we may be able to negotiate for pretrial diversion programs or reduced charges.
You should contact a criminal defense attorney as soon as possible and avoid making any statements to law enforcement. Early legal representation is critical to protecting your rights, preserving evidence, and identifying opportunities for dismissal, reduction, or alternative sentencing options.
Restitution is court-ordered compensation that a defendant must pay to a victim for financial losses resulting from a criminal offense. In Florida, restitution is commonly imposed in cases involving theft, property damage, or fraud, and it is intended to make the victim whole by covering out-of-pocket expenses such as repair or replacement costs, lost income, or medical bills directly tied to the alleged conduct.
Restitution can play a critical role in how a case is resolved. Prosecutors and judges often view a defendant’s willingness to pay restitution favorably, and it may influence plea negotiations, sentencing decisions, or eligibility for diversion programs. In some cases, agreeing to restitution early on can help secure a reduced charge or avoid incarceration altogether.
However, restitution must be based on evidence of actual losses, and the amount must be reasonably tied to the alleged offense. If the prosecution demands an excessive or unsupported restitution amount, we can challenge it in a restitution hearing. As your defense counsel, we work to ensure that restitution is fair, appropriate, and—when used strategically—beneficial in negotiating the best possible outcome for your case.
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