Property crimes in Florida are graded by circumstance and degree. Burglary turns on what was entered, who was inside, and whether a weapon was involved. Criminal mischief and arson turn on the damage and the danger. The defense lives in those same details, and in the search that produced the evidence.
I defend the full range of these charges across the Tampa Bay area and Florida’s Gulf Coast, in Pinellas, Hillsborough, Pasco, Manatee, Sarasota, and DeSoto counties, from a trespass citation to a first-degree burglary or arson. Here is how the main offenses are graded.
Property Charges at a Glance
| Charge | Statute | Where it can land |
|---|---|---|
| Trespass | 810.08, 810.09 | Second-degree misdemeanor up to a third-degree felony if armed |
| Criminal mischief | 806.13 | Second-degree misdemeanor up to a third-degree felony by damage |
| Possession of burglary tools | 810.06 | Third-degree felony |
| Burning to defraud an insurer | 817.233 | Third-degree felony |
| Burglary | 810.02 | Third-degree felony up to life if armed or with a battery |
| Arson | 806.01 | Second-degree or first-degree felony |
Degrees turn on the specific facts, including occupancy, weapons, and dollar amounts. Statutes and holdings last verified June 2026.
I began as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, where property cases move in volume and the State counts on no one pushing back. Almost every one of these charges turns on two things the prosecutor has to prove, intent and value, and both are softer than they look. I know how the State builds a property case and where the proof tends to fall apart, on the value of what was taken or damaged, on whether the intent was ever really there, and on the search that produced the evidence. Learn more about my background.
The Main Property Charges
Most property cases fall into one of these offenses. Each is broken down on its own page.
Burglary Is the Heavyweight
Burglary under section 810.02 is the most serious property charge, and it is always a felony. Burglary of a dwelling, occupied or not, or of an occupied structure or vehicle, is a second-degree felony. Burglary of an unoccupied structure or vehicle is a third-degree felony. It rises to a first-degree felony, punishable by up to life, when the offender commits an assault or battery, is or becomes armed, or uses a vehicle to cause more than $1,000 in damage. The hidden element is intent: the State must prove you intended to commit an offense at the moment you entered, which is what separates a burglary from a trespass.
| Degree | When it applies | Maximum |
|---|---|---|
| Third-degree felony | Unoccupied structure or unoccupied conveyance, unarmed, with no assault or battery | 5 years |
| Second-degree felony | A dwelling whether or not anyone is home, an occupied structure or conveyance, or an authorized emergency vehicle | 15 years |
| First-degree felony | The offender makes an assault or battery, is or becomes armed with a weapon or explosive, or uses a vehicle as a tool to cause over $1,000 in damage | Up to life |
A dwelling is always at least a second-degree felony, occupied or not. Statutes and holdings last verified June 2026.
Mischief, Trespass, Arson, and Burglary Tools
Criminal mischief under section 806.13 is graded by the cost of the damage and requires a willful and malicious act aimed at property. Trespass under sections 810.08 and 810.09 is being somewhere you are not allowed to be, and unlike burglary it needs no intent to commit a crime inside. Arson under section 806.01 is the willful burning of a dwelling or structure, with burning your own insured property to defraud an insurer charged separately under section 817.233. Possession of burglary tools under section 810.06 is a third-degree felony, but only when the tools were meant for getting in and the State can prove a step taken toward the burglary.
Theft and Robbery Are Handled Separately
Taking property rather than damaging or entering it is theft, which runs from petit theft to grand theft along with retail theft, shoplifting, and dealing in stolen property, and it has its own section. When a taking involves force or the threat of force, the charge crosses into robbery or carjacking, which carries far heavier exposure.
How I Defend a Property Case
The work is the same across these charges: test whether the intent the State needs was ever there, hold the prosecution to a real and provable value, raise consent or a good-faith claim of right where the facts support it, and challenge the stop or search that produced the evidence. Where the search and seizure was unlawful, suppression can end the case, and the sentencing exposure that makes these charges frightening can often be cut down well before trial.
Common Questions
What counts as a property crime in Florida?
A property crime is an offense aimed at someone else's property rather than at a person. The core charges in this section are burglary, trespass, criminal mischief, arson and burning to defraud, and possession of burglary tools. Theft in its petit, grand, and retail forms is closely related and is handled in its own theft section, and when force or the threat of force is used to take property, the charge becomes robbery or carjacking.
Is burglary always a felony?
Yes. Every degree of burglary is a felony in Florida. Burglary of an unoccupied structure or vehicle is a third-degree felony, burglary of a dwelling or an occupied structure or vehicle is a second-degree felony, and burglary that involves an assault or battery, a weapon, or serious damage is a first-degree felony punishable by up to life.
What is the difference between trespass and burglary?
Intent at the moment of entry. Trespass is being somewhere you are not authorized to be, or refusing to leave after a warning. Burglary is entering or remaining unlawfully with the intent to commit a separate offense inside. If the State cannot prove you intended to commit a crime when you entered, a burglary should be a trespass, which is usually a misdemeanor rather than a felony.
How are criminal mischief and arson graded?
Criminal mischief is graded by the cost of the damage, from a second-degree misdemeanor under $200 up to a third-degree felony at $1,000 or more. Arson is graded by what burned and who was at risk: it is a first-degree felony for a dwelling or a structure where people are normally present or known to be occupied, and a second-degree felony for any other structure.
Can a property charge be dropped or reduced?
Often, yes. These cases turn on intent, value, and the lawfulness of the search. A good-faith claim of right or consent can defeat the intent element, an accurate valuation can drop a felony to a misdemeanor, and an unlawful search can take the evidence out of the case entirely. The earlier those issues are raised, the more room there is to reduce or dismiss the charge.
Related: Burglary, Trespass, Criminal mischief, Arson and burning to defraud, Possession of burglary tools, Theft, and Robbery and carjacking.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Property offenses are governed mainly by chapters 810, 806, and 817, Florida Statutes, and the degrees and value thresholds change, so they should be confirmed against current law. Every case turns on its own facts, and past results do not guarantee a similar outcome.
