Property Crime Lawyer in Florida
Types of Property Crimes - Property Crime Lawyer
Property crimes in Hillsborough involve unlawful theft, damage, destruction, or interference with a person's property. There is no violence used or threatened. The term “property crimes” encompasses a range of offenses ranging from the more minor, such as trespassing, to serious crimes such as arson.
At Rodriguez & Williamson, PLLC, we have successfully defended many Hillsborough property crimes. Call 813-320-7500 to schedule a Free and learn how we can help you fight the charges you're facing.
Trespassing
Trespassing involves entering someone's property without their permission. It is different from burglary in that the defendant has no intent to commit a crime when they enter the property.
Vandalism
A defendant commits vandalism by destroying or damaging someone's property without their permission. Examples of vandalism include graffitiing, keying a car, or knocking down a street sign.
Theft
Theft is the taking of a person's property without their permission and with the intent to permanently deprive them of it. The potential sentences for theft vary widely based on the type and value of the property taken.
Burglary
When someone unlawfully enters a building or structure with the intent to commit a crime, they commit burglary. Even if they don't commit the crime once they are inside the premises, they are still guilty of burglary.
Arson
Usually charged as a felony, arson is a serious offense that involves intentionally burning a building, structure, or forest land. The penalties for arson increase significantly if the premises were occupied at the time, or if anyone was injured or killed as a result of the fire.
Penalties for Florida Property Crimes - Property Crime Lawyer
Possible penalties for property crimes include:
- Fines
- Restitution to the victim for their loss
- Probation
- Community service
- Parole
- Imprisonment
The penalty for a property crime depends on several factors, including whether the charge is a misdemeanor or a felony and the seriousness of the allegations, including the type and value of the property.
Property Crime Lawyer Defenses Against Property Crimes Allegations in Florida
Depending on the circumstances of the allegations, there can be several defenses available to defendants in Hillsborough charged with property crimes. Common defenses include mistake, necessity, and coercion.
Mistake
If a defendant holds a genuine but mistaken belief as to the facts when they commit the act, they may not be guilty. This is because the defendant doesn't have the intention required to prove most property crimes, and so they cannot be held criminally liable.
For example, if a defendant takes another person's bike from a bike rack outside their apartment building because it looks almost identical to theirs, they may be able to argue the defense of mistake of fact.
Public or Private Necessity
Necessity is a common defense to property crimes for situations where the defendant interfered with the property in an emergency. If the defendant needed to interfere with the property to prevent greater harm to the community (public necessity) or themself (private necessity), then they are not criminally liable for the act.
For example, if a passerby sees a fire inside a closed shop and breaks a window to extinguish the fire, they may not be criminally responsible for the damage to the window based on public necessity.
Coercion
Where a defendant commits a property crime as a direct result of immediate threats or force such as blackmail, they may be able to argue coercion. If successful, they cannot be held criminally responsible for the crime as they did not act voluntarily.
Speak to a Property Crimes Attorney in Hillsborough Today
If you are facing charges of a property crime, it's imperative you speak to an experienced criminal defense attorney immediately. At Rodriguez & Williamson, PLLC, we have the expertise and experience to craft a defense to get you the best-possible outcome. Call 813-320-7500 or fill out an online form today to schedule a Free.
Many Categories of Property Crimes - Property Crime Lawyer
Theft, damage, destruction, or interference with another person's property are all examples of property crimes that can be committed in Hillsborough. There is neither actual nor threatening physical violence. Trespassing considered one of the more minor property crimes, and arson, considered one of the more serious property crimes, are both included under the umbrella phrase "property crimes."
We have had many experiences defending clients accused of property offenses in Hillsborough at Rodriguez & Williamson, PLLC. Dial (813) 320-7500 to schedule a free consultation and find out how we can assist you in fighting the charges brought against you.
Trespassing
Trespassing is the act of invading the property of another person without that person's consent. When the defendant enters the property, they do so without intending to commit a crime, distinguishing this offense from burglary.
Vandalism
A defendant is guilty of vandalism if they destroy or damage someone else's property without the owner's permission. Vandalism can take several forms, such as writing offensive graffiti, keying a vehicle, or destroying a street sign.
Theft
The act of taking another person's property without their permission and depriving them of it entirely and irrevocably is considered theft. The potential punishments for theft are highly variable and dependent on the nature and value of the stolen property.
Burglary
Burglary is unlawful entering a building or structure to commit a criminal offense. They are still responsible for breaking into the building even if they don't conduct the crime once they are already inside.
Arson
Arson is a serious crime that involves willfully setting fire to a building, structure, or area of forest land. Arson is typically prosecuted as a felony in most jurisdictions. If anyone was hurt or died due to the fire, the penalties for arson are significantly increased. Moreover, the fines for arson rise if the premises were occupied at the time of the fire.
Florida's Sanctions for Those Who Commit Property Crimes Property Crime Lawyer
The following are examples of possible punishments for property crimes:
- Fines
- Compensation to the sufferer for the harm they've suffered
- Probation
- Helping out the community
- Parole/ Imprisonment
Several considerations must be considered when determining the appropriate punishment for a property offense. These include the nature and value of the allegedly stolen goods and the charge's classification as a misdemeanor or felony.
Possible Rebuttals to Charges of Property Crime Lawyer in the State of Florida
Defendants in Hillsborough charged with property offenses may have access to various possible legal strategies, depending on the specifics of their cases and the claims made against them. Among the most frequently used defenses are mistakes, necessity, and compulsion.
Mistake
It is possible that a defendant is not guilty of an act if, at the time of the action, they were under the influence of a sincere but erroneous belief regarding the facts. This is because the defendant lacks the intent necessary to prove the majority of property crimes, so they cannot be held criminally accountable for these offenses.
For instance, if a defendant steals another person's bike from a bike rack outside of their apartment building because it appears almost exactly like their own bike, they could argue that they were mistaken about a fact referred to as the error of fact defense.
Should It Be a Public or Private Need?
A popular defense to property crimes is "necessity," which refers to cases where the defendant interfered with the property because of an emergency. Suppose the defendant has to tamper with the property to avert more significant harm to either society (a public necessity) or themselves (a personal necessity). In that case, they are not held criminally accountable for the offense.
For instance, if a bystander observes a fire inside a closed business and breaks a window to extinguish the fire, it is possible that they will not be held criminally accountable for the damage that they caused to the glass because it was a public necessity for them to do so.
Coercion
When a person commits a property offense as a direct result of imminent threats or force, such as blackmail, they may be able to establish that they were coerced into deciding to commit the crime. If their plan is effective, they cannot be held legally accountable for the crime because they did not voluntarily participate.
Talk to an Experienced Property Crime Lawyer in Hillsborough Right Now
You must contact an experienced criminal defense attorney as soon as possible if you are being investigated or charged with a property crime. At Rodriguez & Williamson, PLLC, we have the knowledge and experience to build a defense that will provide you with the best possible result under the circumstances. To schedule a free consultation, don't hesitate to get in touch with us now at 813-320-7500 or fill out the online form.
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