I’m Tampa criminal defense attorney Rocky Brancato. As the former Chief Operations Officer and Chief Assistant Public Defender of the Hillsborough County Public Defender’s Office — managing over 100 attorneys — I have defended trespass cases at every level for more than 25 years, from misdemeanor trespass warnings to felony armed trespass. I hold an AV Preeminent rating from Martindale-Hubbell and Super Lawyers recognition.

How Does Florida Law Define Trespass in a Structure or Conveyance?

Under §810.08, trespass in a structure or conveyance happens in two ways. First, you commit trespass if you willfully enter or remain in any structure or conveyance without authorization. Second, you commit trespass if you originally had permission to be there, the owner or an authorized person warned you to leave, and you refused to go.

Florida Statute §810.08: A “structure” includes any building — a home, a business, a shed, a garage, or any enclosed space with a roof. A “conveyance” includes any vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car. The State must prove you entered or remained willfully and without authorization. If you had permission to be there, or if you reasonably believed you did, the charge fails. The Brancato Law Firm, P.A. challenges the authorization element in every trespass case.

The word “willfully” matters. If you wandered into a building by mistake — because it looked open, because there were no signs, or because you were confused — you did not willfully trespass. Similarly, if you were told to leave and did not hear the warning, you did not refuse to depart. At The Brancato Law Firm, P.A., we examine whether the State can actually prove you knew you were not allowed to be there.

What Are the Penalties for Trespass in Florida?

The penalties depend on the type of property and the circumstances of the trespass:

As this table shows, a trespass that might seem minor can become a felony quickly. If you were armed — even with a legally owned firearm — during the trespass, the charge jumps to a third-degree felony. If the property was a posted construction site or commercial horticulture property, the same felony enhancement applies. At The Brancato Law Firm, P.A., we evaluate every trespass charge for these enhancements and challenge them when the facts do not support them.

What Is Trespass on Property Other Than a Structure?

Under §810.09, trespass on property covers land and outdoor areas — not buildings. This charge applies when you enter or remain on property without authorization and one of these conditions is met: the property was posted with “No Trespassing” signs, fenced, or cultivated as described in §810.011, or the property is the unenclosed curtilage of a dwelling and you entered with intent to commit another offense.

“Curtilage” means the land and outbuildings immediately surrounding a home — the yard, driveway, detached garage, or storage shed. If you enter someone’s curtilage with intent to commit any crime other than trespass itself, you face a first-degree misdemeanor even if you never enter the home. Trespass charges can also overlap with burglary here — entering a structure within the curtilage with intent to commit a crime inside may lead to burglary charges under §810.02.

Warning: Armed trespass on property is a third-degree felony. Trespass on a posted construction site is also a third-degree felony, even if you had no weapon and caused no damage. Florida law treats construction site trespass seriously because of safety risks and the value of materials on site. If you face felony trespass, you need an attorney who knows how to challenge the enhancement.

What Is the Difference Between Trespass and Burglary?

The difference can mean 60 days in jail versus life in prison. Here is the key distinction:

• Trespass (§810.08/§810.09): Entering or remaining on property without authorization. The State does not have to prove intent to commit a crime inside — the unauthorized entry alone completes the offense.
• Burglary (§810.02): Entering or remaining in a structure or conveyance with the intent to commit a crime inside — such as theft, assault, or any other offense. The intent element is what separates burglary from trespass.

Prosecutors sometimes overcharge trespass as burglary. If you entered a building without permission but had no intent to commit a crime inside, the correct charge is trespass — not burglary. At The Brancato Law Firm, P.A., we fight to ensure trespass cases are not inflated into burglary charges with dramatically higher penalties.

Case Study — Armed Burglary Reduced to Armed Trespass: We represented a man charged with armed burglary of an occupied dwelling — a charge that carries a potential life sentence. Our client had entered a home while armed, not realizing the homeowner was inside. The homeowner treated him with kindness — fed him a sandwich and gave him rum — and the client fell asleep. Rocky took the case to trial, and the jury rejected the armed burglary charge entirely. The verdict: armed trespass only, sparing our client a potential life sentence. Past results do not guarantee future outcomes.

This case demonstrates exactly why the trespass-versus-burglary distinction matters. The jury looked at the facts and concluded that the client had no intent to commit a crime inside the home — which is the element that separates burglary from trespass. For more about burglary charges, read our guide: What Is Burglary in Florida?

What Is Possession of Burglary Tools?

Under §810.06, it is a third-degree felony to possess any tool, machine, or implement with the intent to use it to commit burglary or trespass. This charge carries up to 5 years in prison — and prosecutors can file it even if no burglary or trespass actually took place.

The critical element is intent. Possessing a crowbar, a lock pick set, or a screwdriver is not a crime by itself. These are ordinary tools with legitimate uses. The State must prove you intended to use the tool to commit a burglary or trespass. If you were carrying tools for work, for home repairs, or for any other lawful purpose, the charge fails. We challenge intent aggressively at The Brancato Law Firm, P.A., because this charge often relies on circumstantial evidence and assumptions rather than direct proof.

How We Fight Trespass Charges in Tampa

Because I managed over 100 attorneys as Chief Operations Officer of the Hillsborough County Public Defender’s Office, I know how prosecutors in the 13th Judicial Circuit handle trespass cases. Here is how we defend these charges at The Brancato Law Firm, P.A.:

• Challenge authorization. If you had permission — or reasonably believed you did — to be on the property, the trespass charge fails. We investigate the relationship between you and the property owner, any prior invitations, and the circumstances of your entry.
• Challenge the “willfully” element. Trespass requires a willful entry. If you entered by mistake, were confused, or did not realize you were on private property, this element is not met.
• Challenge the warning to depart. If the State’s theory is that you were warned to leave and refused, we examine whether the warning was clear, whether you actually heard it, and whether the person giving it had authority.
• Challenge the armed enhancement. If you are charged with armed trespass, we examine whether you actually had a weapon, whether it qualifies as a “dangerous weapon” under the statute, and whether the weapon was on your person during the trespass.
• Fight burglary overcharging. If the State charged burglary when the facts only support trespass, we fight to reduce the charge to the correct offense — which can mean the difference between prison and probation.

Can Trespass Charges Be Dropped or Reduced in Florida?

Yes — and trespass charges are among the most reducible charges in Florida criminal law. Here are the most common paths:

• Lack of notice. For trespass on property under §810.09, the State must prove the property was properly posted, fenced, or cultivated. If the signs were missing, damaged, or unclear, the charge may fail.
• Implied authorization. If the property appeared open to the public, had no barriers, or had been accessible without complaint in the past, we argue implied authorization.
• Pre-file advocacy. If you contact The Brancato Law Firm, P.A. before charges are formally filed, we can present mitigating evidence to the intake prosecutor at the State Attorney’s Office, 13th Judicial Circuit — sometimes preventing the charge entirely.
• Diversion programs. Hillsborough County offers diversion for many first-time misdemeanor offenders. Successful completion results in dismissal.

The earlier you contact a defense attorney, the more options you have. Evidence such as surveillance footage and witness statements can disappear quickly after an arrest.

Frequently Asked Questions About Trespass in Florida

Is trespass a felony in Florida?

It depends on the circumstances. Basic trespass in a structure with no one inside is a second-degree misdemeanor. However, trespass becomes a third-degree felony if you were armed with a firearm or dangerous weapon, if the property was a posted construction site, or if the property was commercial horticulture land. Possession of burglary tools under §810.06 is also a third-degree felony. The Brancato Law Firm, P.A. defends clients facing all levels of trespass charges in Hillsborough, Pinellas, and Pasco Counties.

What is the difference between trespass and breaking and entering?

Florida does not have a “breaking and entering” statute. Florida addresses this through trespass (§810.08/§810.09) and burglary (§810.02). If you entered without authorization but had no intent to commit a crime inside, the charge is trespass. If the State alleges you entered with intent to commit a crime, the charge is burglary — which carries far more severe penalties. Tampa criminal defense attorney Rocky Brancato evaluates every case for this critical distinction.

Can a property owner detain me for trespassing?

Yes — under both §810.08(2)(c) and §810.09(2)(b), a property owner or authorized person may detain someone they reasonably believe committed armed trespass. The detention must be reasonable in manner and duration, and they must call law enforcement as soon as practicable. If they followed the rules, the statute shields them from liability. However, if the detention was unreasonable, we challenge it at The Brancato Law Firm, P.A..

More Questions About Trespass Defense

Can I be arrested for trespassing at a business that is open to the public?

Yes — if the owner or an authorized person told you to leave and you refused. A business that is open to the public can revoke your authorization to be there at any time. Once you are told to leave and refuse, you are trespassing under §810.08. However, the State must prove the warning was clear and that you actually refused to comply.

What if I was trespassing because I was lost or confused?

Trespass requires a “willful” entry — meaning you must have knowingly entered or remained without authorization. If you were genuinely lost, confused, or entered by mistake, the willfulness element is not met. This defense is especially relevant in cases involving large properties, unmarked boundaries, and rural areas. The Brancato Law Firm, P.A. investigates the specific circumstances of every entry.

Hiring a Trespass Defense Attorney

What experience does Rocky Brancato have with trespass cases?

Rocky Brancato has defended trespass and burglary cases for more than 25 years in Hillsborough County. As the former Chief Operations Officer and Chief Assistant Public Defender, he managed over 100 attorneys and has tried more than 150 jury trials to verdict. With an AV Preeminent rating and Super Lawyers recognition, The Brancato Law Firm, P.A. brings senior-level experience to every property crime defense.

How much does a trespass defense lawyer cost in Tampa?

Fees depend on whether the charge is a misdemeanor or felony, the complexity of the evidence, and whether additional charges are filed alongside the trespass. The Brancato Law Firm, P.A. offers free, confidential consultations. Call (813) 727-7159 to discuss your case.

You Are Reading This for a Reason — Let Us Help

If you are facing trespass charges, the consequences can be more serious than you expect — especially if the charge is enhanced to a felony because you were armed or the property was a construction site. Even a misdemeanor trespass creates a criminal record that appears on background checks. We have spent more than 25 years defending property crime cases in Hillsborough County, and we know how to challenge the authorization element, fight overcharged cases, and secure dismissals through diversion.

Every day you wait is a day the prosecution builds its case. The earlier Tampa criminal defense attorney Rocky Brancato gets involved, the more options you have.

Call The Brancato Law Firm, P.A. today at (813) 727-7159 for a free, confidential consultation. We are available 24/7 and serve clients throughout Hillsborough, Pinellas, and Pasco Counties.

For more about how we defend property crime charges, visit our Violent Crimes practice page. You can also read our guides on What Is Burglary in Florida? and What Is Theft in Florida? — trespass charges often overlap with burglary, and understanding the distinction is critical to your defense.

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice serving clients exclusively in Hillsborough, Pinellas, and Pasco Counties. We are not affiliated with any other Brancato-named law firms.

This page is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes depend on the individual facts and circumstances involved. Past results do not guarantee future outcomes.

Updated 5/30/2026

I’m Tampa criminal defense attorney Rocky Brancato. With more than 25 years defending criminal cases in Hillsborough County, an AV Preeminent rating from Martindale-Hubbell, and Super Lawyers recognition, I have handled theft and shoplifting cases at every level — from petit theft misdemeanors to first-degree felony grand theft and organized retail theft rings.

How Does Florida Law Define Theft?

Under Florida law (§812.014), theft means knowingly obtaining or using someone else’s property with the intent to deprive them of it — either temporarily or permanently. This broad definition covers everything from pocketing merchandise at a store to taking a vehicle, stealing cash, or using someone’s credit card without permission.

Florida Statute §812.014: The State must prove you knowingly obtained or used someone else’s property with intent to deprive them of it. If you did not know the property belonged to someone else, or if you had no intent to steal, the theft charge fails. This is where The Brancato Law Firm, P.A. focuses the defense.

Two words matter most in every theft case: “knowingly” and “intent.” If you accidentally walked out of a store with an item, or if you believed you had permission to use the property, you did not commit theft under Florida law. At The Brancato Law Firm, P.A., we challenge both elements in every case.

What Are the Penalties for Theft in Florida?

The penalties for theft depend almost entirely on the value of the property stolen. Here is how the charges and penalties break down under §812.014:

Because the dollar amount determines whether you face a misdemeanor or a felony, the State’s valuation of the property is one of the most important — and most contested — issues in any theft case. At The Brancato Law Firm, P.A., we challenge inflated valuations in every case, because even a small reduction in the estimated value can change the charge entirely.

Case Study — Not Guilty, Grand Theft Auto: We represented a man charged with grand theft auto. At trial, Rocky established reasonable doubt about whether the client had committed the crime. The jury returned a verdict of Not Guilty. Past results do not guarantee future outcomes.

Case Study — Not Guilty, Grand Theft Auto (Scrap Vehicle): In another grand theft auto case, our client had purchased a car for scrap and was accused of stealing it. At trial, Rocky demonstrated the client had purchased the vehicle legitimately, creating reasonable doubt about criminal intent. The jury returned a verdict of Not Guilty. Past results do not guarantee future outcomes.

When Does Theft Become a Felony in Florida?

September 2026 update: Theft from a coin-operated machine is often charged under the theft statute rather than the vending machine statute once the value reaches $750, and a person caught with tools at a machine can face a burglary tools felony even on a first offense. Our rewritten guide, Is Breaking Into a Vending Machine or Parking Meter a Felony in Florida?, explains how prosecutors choose between section 877.08, theft, and criminal mischief.

Theft crosses the felony line in several situations under §812.014. The most common trigger is a property value of $750 or more — that is grand theft in the third degree, a third-degree felony carrying up to 5 years in prison. However, there are other situations where even lower-value theft becomes a felony:

Warning: Theft becomes a felony regardless of the dollar amount when the stolen property is a firearm, a motor vehicle, a will or testamentary instrument, a stop sign, or anhydrous ammonia. Furthermore, stealing property valued at just $40 or more from a dwelling is automatically a third-degree felony under §812.014(2)(d). And if you have two or more prior theft convictions, even a petit theft under $100 jumps to a third-degree felony. These enhancements catch many people off guard.

Prior convictions play a major role in theft sentencing. A first petit theft is a misdemeanor. A second petit theft — even for something worth $10 — becomes a first-degree misdemeanor. A third petit theft becomes a felony. This escalation is why we fight to keep first-offense theft charges off your record at The Brancato Law Firm, P.A..

Case Study — Not Guilty, Felony Petit Theft: We represented a man charged with felony petit theft — enhanced to a felony because of prior theft convictions. He was accused of working in concert with a woman to take merchandise past the point of sale. At trial, Rocky established questions about whether the man was really linked to the woman. The jury returned a verdict of Not Guilty. Past results do not guarantee future outcomes.

What Is Retail Theft (Shoplifting) in Florida?

Florida does not have a separate “shoplifting” statute. Instead, shoplifting falls under the retail theft provisions of §812.015. Retail theft means taking merchandise, altering a price tag, transferring items between containers, or removing a shopping cart — all with the intent to deprive the merchant of the property or its full retail value.

For a single incident, penalties follow the same value-based framework as general theft under §812.014. However, §812.015 adds harsher penalties for organized and repeat retail theft:

• Organized retail theft ($750+): Third-degree felony — up to 5 years. This includes coordinating with others, committing thefts at multiple locations within 120 days, or using distraction techniques.
• Organized retail theft ($3,000+): Second-degree felony — up to 15 years.
• Repeat organized or armed retail theft: First-degree felony — up to 30 years.
• Possessing anti-shoplifting countermeasures: Third-degree felony — up to 5 years, even if you never used the device.

In addition, §812.015 gives merchants the legal right to detain you if they have probable cause to believe you committed retail theft. The detention must be “reasonable” in manner and duration — but the statute shields the merchant from false arrest liability if they followed the rules. At The Brancato Law Firm, P.A., we examine every merchant detention for constitutional violations.

What Happens If You Resist a Loss Prevention Officer?

If you struggle with a loss prevention officer or store employee while they are trying to recover stolen merchandise, you can be charged with resisting a merchant under §812.015(6). This is a first-degree misdemeanor carrying up to one year in jail — and it is charged in addition to the theft itself.

Case Study — Robbery Reduced to Misdemeanor Retail Theft: We represented a man who was charged with robbery after stealing from a grocery store. The robbery charge was based on a struggle with the loss prevention officer over the goods. At trial, the jury rejected the robbery charge entirely and returned verdicts of misdemeanor retail theft and misdemeanor resisting a merchant — avoiding a potential felony conviction that could have meant years in prison. Past results do not guarantee future outcomes.

This case illustrates an important point. Prosecutors sometimes overcharge theft cases — especially when a physical struggle is involved. A struggle with a loss prevention officer does not automatically make the crime a robbery. Robbery under §812.13 requires force, violence, assault, or putting the victim in fear during the taking. If the force only happened after the taking — during the merchant’s attempt to recover the goods — the robbery charge may not hold up. At The Brancato Law Firm, P.A., we challenge overcharged theft cases aggressively.

What Is Dealing in Stolen Property in Florida?

Dealing in stolen property is a separate and serious charge under §812.019 — a second-degree felony carrying up to 15 years in prison. If you organized or directed the operation, the charge jumps to a first-degree felony with up to 30 years. Because dealing in stolen property involves different elements and defenses than theft, we have written a separate, detailed guide: What Is Dealing in Stolen Property in Florida? If you are facing this charge, that guide covers the elements, penalties, and defense strategies that apply specifically to §812.019 cases.

How We Fight Theft and Shoplifting Charges in Tampa

Because I served as Chief Operations Officer and Chief Assistant Public Defender of the Hillsborough County Public Defender’s Office — managing over 100 attorneys across every division — I know how prosecutors handle theft cases in the 13th Judicial Circuit and where those cases break down. Here is how we defend theft charges at The Brancato Law Firm, P.A.:

• Challenge the property valuation. The dollar amount determines the charge. We examine every valuation — retail price versus fair market value, depreciation, inflated loss prevention estimates — and challenge the number when it pushes the charge higher.
• Attack the intent element. Theft requires proof you intended to steal. If you forgot to scan an item at self-checkout, left a store with unpaid merchandise, or believed you had permission to use the property, the intent element fails.
• Challenge the identification. In organized retail theft cases, the State must prove you committed each theft. Surveillance footage quality, witness reliability, and circumstantial evidence all present opportunities.
• Suppress illegally obtained evidence. If law enforcement conducted an illegal search, obtained a confession without Miranda warnings, or the merchant detention violated your rights, we file motions to suppress.
• Negotiate for diversion or withhold. For first-time offenders, we push for pre-trial diversion that results in dismissal, or a withhold of adjudication that keeps a conviction off your record.

Can Theft Charges Be Dropped or Reduced in Florida?

Yes — and in many cases, the result depends on how early you hire a defense attorney. Here are the most common paths to reducing or dismissing theft charges:

• Valuation challenge. If we can show the property value is below the next threshold — for instance, below $750 to keep the charge a misdemeanor — the severity of the case changes entirely.
• Lack of intent. If you did not intend to steal, the charge fails. This applies to self-checkout errors, mix-ups, borrowed property disputes, and accidental takings.
• Pre-file advocacy. If you contact The Brancato Law Firm, P.A. before the State files charges, we can present mitigating evidence to the intake prosecutor at the State Attorney’s Office, 13th Judicial Circuit — sometimes preventing the charge entirely.
• Diversion programs. Hillsborough County offers pre-trial diversion for first-time theft offenders. Successful completion results in dismissal — no conviction on your record.
• Restitution agreements. Paying restitution to the merchant or property owner can lead to reduced charges or dismissal — especially when the State’s primary interest is making the victim whole.

The earlier you contact a defense attorney, the more options you have. Surveillance footage gets overwritten and prosecutors make charging decisions quickly after an arrest.

What Should You Do After a Theft or Shoplifting Arrest?

If you or someone you love has been arrested for theft and booked at Orient Road Jail or Falkenburg Road Jail, take these steps immediately:

1. Do not make any statements. Loss prevention officers and police will want you to admit to the theft — and possibly to other thefts you did not commit. Stay silent until you speak with an attorney.
2. Call a defense attorney before your first appearance. Your first hearing at the Hillsborough County Courthouse happens within 24 hours. An attorney can argue for a reasonable bond and favorable conditions of release.
3. Do not sign anything. Some stores ask you to sign a “civil demand” letter or an admission of guilt. Do not sign any documents without an attorney’s review.
4. Preserve any evidence. Receipts, bank statements, text messages, and surveillance footage from your own devices can all support your defense.

Frequently Asked Questions About Theft in Florida

What is the difference between petit theft and grand theft in Florida?

The difference is the value of the property. Under §812.014, theft of property valued at less than $750 is generally petit theft — a misdemeanor. Theft of property valued at $750 or more is grand theft — a felony. However, certain types of property (firearms, motor vehicles, property stolen from a dwelling) are automatically grand theft regardless of value. The Brancato Law Firm, P.A. defends clients facing both petit theft and grand theft charges in Hillsborough, Pinellas, and Pasco Counties.

Can I go to jail for shoplifting in Florida?

Yes. Even a first-time shoplifting offense can result in jail time. Petit theft of the second degree (under $100) carries up to 60 days. Petit theft of the first degree ($100–$749) carries up to one year. If the value is $750 or more, or if you have prior theft convictions, the charge becomes a felony with potential prison time. Tampa criminal defense attorney Rocky Brancato evaluates every shoplifting case for diversion and dismissal opportunities.

Is shoplifting a felony in Florida?

It depends on the value of the merchandise and your criminal history. A single shoplifting incident under $750 with no prior record is a misdemeanor. However, shoplifting becomes a felony if the value exceeds $750, if you coordinated with others, if you committed thefts at multiple locations within 120 days, or if you have prior theft convictions. Under §812.015, organized retail theft with a firearm is a first-degree felony carrying up to 30 years.

More Questions About Theft Defense

What is the civil demand letter after shoplifting?

After a shoplifting incident, many retailers send a “civil demand” letter requesting payment — typically $200 to $500 — as compensation for the theft. This letter is separate from any criminal charge. Paying the civil demand does not make the criminal case go away, and not paying it does not make the criminal case worse. Before responding to a civil demand letter, consult with The Brancato Law Firm, P.A. to understand your options.

Can theft charges be expunged in Florida?

It depends on the outcome. If the charge is dropped, dismissed, or resolved through a diversion program, you may qualify for expungement. If you receive a withhold of adjudication, sealing may be possible. However, a formal conviction generally cannot be expunged. Because theft convictions affect employment, housing, and professional licensing, we fight for record-clearing outcomes from the start.

Hiring a Theft Defense Attorney

What experience does Rocky Brancato have with theft cases?

Rocky Brancato has defended theft and shoplifting cases for more than 25 years in Hillsborough County — from petit theft misdemeanors to organized retail theft felonies. As the former Chief Operations Officer and Chief Assistant Public Defender, he managed over 100 attorneys. With more than 150 jury trials to verdict, an AV Preeminent rating, and Super Lawyers recognition, Rocky brings senior-level experience to every theft defense. The Brancato Law Firm, P.A. serves Hillsborough, Pinellas, and Pasco Counties.

How much does a theft defense lawyer cost in Tampa?

Fees depend on whether the charge is a misdemeanor or felony, the complexity of the evidence, and whether the case goes to trial. The Brancato Law Firm, P.A. offers free, confidential consultations so you can understand your options. Call (813) 727-7159 to discuss your case.

You Are Reading This for a Reason — Let Us Help

If you are facing theft or shoplifting charges, the consequences are more serious than most people expect. Even a misdemeanor conviction creates a permanent record that follows you on background checks for employment, housing, and professional licensing. We have spent more than 25 years defending theft cases in Hillsborough County, and we know how to challenge inflated valuations, expose overcharged cases, and secure diversion programs that keep convictions off your record.

Every day you wait is a day the prosecution builds its case. The earlier Tampa criminal defense attorney Rocky Brancato gets involved, the more options you have.

Call The Brancato Law Firm, P.A. today at (813) 727-7159 for a free, confidential consultation. We are available 24/7 and serve clients throughout Hillsborough, Pinellas, and Pasco Counties.

For more about how we defend property crime charges, visit our Violent Crimes practice page. You can also read our guides on What Is Robbery in Florida?, What Is Burglary in Florida?, and What Is Dealing in Stolen Property in Florida?

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice serving clients exclusively in Hillsborough, Pinellas, and Pasco Counties. We are not affiliated with any other Brancato-named law firms.

This page is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes depend on the individual facts and circumstances involved. Past results do not guarantee future outcomes.

Updated 5/30/2026

I’m Tampa Criminal Defense Attorney Rocky Brancato. With more than 150 jury trials to verdict — including robbery and armed robbery cases tried to Not Guilty verdicts — I know how prosecutors build these cases and exactly where they fall apart.

How Does Florida Define Robbery?

Florida Statute § 812.13: Robbery is taking money or property from another person while using force, violence, assault, or threats that put the victim in fear.

In order to convict you, prosecutors in the 13th Judicial Circuit must prove three things beyond a reasonable doubt:

• You took money or property from the victim
• You intended to keep it (even temporarily)
• You used force, violence, or threats during the taking

That third element — force or fear — is everything. In other words, it is the single thing that separates robbery from regular theft. As a result, if the State cannot prove force or fear actually happened, the Florida robbery charge should not hold. Therefore, this is one of the first things we examine at The Brancato Law Firm, P.A.

“I Was Robbed” — Why That Word Probably Does Not Apply

People say “I was robbed” all the time. Someone broke into their car? “I was robbed.” Their house was broken into while they were on vacation? “Robbed.” However, under Florida law, none of those situations are actually robbery.

Robbery means someone took something from you face-to-face, using force or threats. In contrast, if nobody confronted you directly, it was not robbery — it was burglary or theft. Consequently, these are very different charges with very different penalties.

Because of this, the charge you actually face changes everything about your defense. At The Brancato Law Firm, P.A., the first thing we do is make sure the charge fits the facts.

What Are the Three Types of Robbery in Florida?

Specifically, Florida breaks robbery into three categories based on whether the offender carried a weapon. The type of weapon — or lack of one — controls how much prison time you face.

Armed Robbery with a Firearm or Deadly Weapon

This is the most serious category. If you had a firearm or deadly weapon during the robbery, you face a first-degree felony punishable by up to life in prison. In fact, you do not have to point or fire the weapon — just having it on you is enough for this charge.

Robbery with a Weapon

Similarly, if you had a weapon that does not qualify as a firearm or deadly weapon, it is still a first-degree felony with up to 30 years in prison. However, Florida courts have debated what counts as a “weapon” for decades, and that gray area is often where a strong defense begins.

Strong-Arm Robbery (No Weapon)

Finally, when the offender carries no weapon, it is a second-degree felony with up to 15 years in prison. Nevertheless, even though this is the least severe robbery charge Florida, 15 years is still a life-changing sentence. We take every robbery classification seriously at The Brancato Law Firm, P.A.

What Are the Penalties for Robbery in Florida?

As noted above, every robbery offense Florida in Florida is a felony. Furthermore, the penalties jump sharply depending on whether the offender carried a weapon, and Florida’s 10-20-Life law adds mandatory minimums that judges cannot override.

10-20-Life Warning: Under § 775.087, just having a firearm during a robbery triggers a 10-year mandatory minimum. Fire the weapon? That jumps to 20 years. If someone is hurt, the mandatory minimum is 25 years to life. The judge has zero discretion to go lower. If you are facing armed robbery, call The Brancato Law Firm, P.A. immediately at (813) 727-7159.

Is a BB Gun a Firearm for Robbery Charges?

No. Under Florida law, a firearm must fire a projectile using an explosive charge. Because a BB gun does not do that, it does not qualify as a firearm. However, courts have ruled that a BB gun can still be classified as a “deadly weapon” depending on how it was used — for example, if the person implied it was loaded and the victims had no reason to think otherwise.

As a result, this distinction matters enormously. The difference between “firearm” and “deadly weapon” can mean the difference between a life sentence and a significantly shorter one. At The Brancato Law Firm, P.A., we analyze exactly how someone used the alleged weapon because that analysis often determines the outcome.

What Sentencing Enhancements Can Stack on a Robbery Charge?

Beyond the base penalties, robbery charges can get much worse when prosecutors stack additional enhancements. In particular, Hillsborough County prosecutors routinely pursue these, and they can turn a serious sentence into a devastating one.

Consequently, because these enhancements can stack on top of each other, a single armed robbery statute Florida can result in a life sentence. For this reason, we review every prior conviction and every fact at The Brancato Law Firm, P.A. — to find grounds to challenge each enhancement.

How Does The Brancato Law Firm Defend Robbery Charges?

Because I served as Chief Operations Officer and Chief Assistant Public Defender of the Hillsborough County Public Defender’s Office — managing over 100 attorneys — I have seen every defense strategy that works and every one that fails.

Robbery Case Results

Case Study — Not Guilty, Armed Robbery with Firearm (Two Counts): We represented a man accused of robbing another man for expensive car rims at gunpoint. Before trial, Rocky personally visited the client’s home, the crime scene, and the evidence room to examine every piece of evidence — including a specific reversible jacket. That hands-on investigation gave Rocky superior knowledge of the details, which he used to cross-examine the detectives and prepare his client to testify. The jury returned Not Guilty on both counts of armed robbery.

Past results do not guarantee future outcomes.

Case Study — Not Guilty, Armed Robbery (Wimauma): We represented a man charged with armed robbery. At trial, we presented a mistaken identity defense built around a critical detail: the victim never mentioned our client’s distinctive arm tattoo when describing the suspect to police. That inconsistency created reasonable doubt, and the jury returned a Not Guilty verdict.

Past results do not guarantee future outcomes.

Case Study — Not Guilty, Kidnapping and Robbery (Plant City): We represented a man facing kidnapping and robbery charges. Rocky presented a strong mistaken identity defense, challenging the prosecution’s evidence at every turn. The jury found our client Not Guilty on both charges.

Past results do not guarantee future outcomes.

Case Study — Robbery Dismissed (November 2025): We represented a woman accused of participating in a robbery and severely beating another woman. After Rocky’s investigation, the robbery charge Florida was dismissed entirely and the aggravated battery was reduced to a misdemeanor with a probationary sentence.

Past results do not guarantee future outcomes.

How We Attack the Prosecution’s Case

Our defense process focuses on the weak points in every robbery case:

• Eyewitness identification — Photo lineups, show-ups, and in-court IDs are frequently flawed. We challenge the procedures and, when needed, retain identification experts.
• The force or fear element — If the State cannot prove force, violence, or threats, the robbery charge should be reduced to theft.
• Weapon classification — Whether an object qualifies as a firearm, deadly weapon, or weapon can be the difference between life in prison and 15 years.
• Independent forensic review — Our experts review surveillance footage, DNA, and physical evidence separately from what the State presents.

What Are Common Defenses to Robbery in Florida?

Every robbery case is different, and the best defense depends on the facts. Here are the strategies we most commonly pursue at The Brancato Law Firm, P.A.

What Charges Often Come With Robbery?

September 2026 update: The most consequential add-on is kidnapping. When a robbery victim is moved to another room, tied up, or held after the robbery is over, the State frequently charges kidnapping under § 787.01 — a first-degree felony punishable by life — on the theory that the confinement facilitated the robbery. Whether it actually qualifies turns on the Florida Supreme Court’s three-part Faison test, which we explain, along with the 2026 appellate decisions applying it, in our guide to kidnapping versus false imprisonment in Florida.

Robbery charges rarely stand alone. Instead, prosecutors frequently stack related charges, and each one adds potential prison time. Therefore, understanding what you are actually facing is critical to building the right defense.

Felony Murder (§ 782.04): For example, if someone dies during a robbery — even accidentally — you can be charged with first-degree murder. This carries life in prison or even the death penalty. Because I am death-qualified under the Rules of the Florida Supreme Court, I understand the stakes of these cases and know how to defend them.

Carjacking (§ 812.133): Additionally, this is robbery where the property taken is a car. You can be convicted of both robbery and carjacking if different property was involved in the same incident.

Robbery by Sudden Snatching (§ 812.131): On the other hand, this is a lesser offense — a third-degree felony with up to 5 years instead of 15. Accordingly, successfully arguing for this reclassification can dramatically reduce your exposure.

What About Juvenile Robbery Charges?

Robbery charges hit juvenile defendants differently. Indeed, Florida courts have recognized that sentencing minors the same as adults raises serious constitutional problems. As a consequence, courts have thrown out life sentences for juveniles convicted of armed robbery and capped sentences to make sure young people get a real chance at release. At The Brancato Law Firm, P.A., we fight to protect the future of young clients facing robbery charges Florida in Hillsborough, Pinellas, and Pasco Counties.

Frequently Asked Questions About Florida Robbery Charges

What is the difference between robbery and theft in Florida?

Robbery requires force, violence, or threats during the taking. In contrast, theft does not. Because of that distinction, robbery is always a felony, while theft can be a misdemeanor. Tampa Criminal Defense Attorney Rocky Brancato at The Brancato Law Firm, P.A. can evaluate whether the force element is actually supported in your case.

Can robbery charges be dropped in Florida?

Yes. If the defense shows there is not enough evidence of force or fear, or if there were constitutional violations during the investigation, robbery charges can be dropped. In addition, pre-file intervention — where an attorney presents evidence to prosecutors before formal charges are filed — can also prevent charges entirely. Call The Brancato Law Firm, P.A. at (813) 727-7159.

What is strong-arm robbery?

Strong-arm robbery is robbery without a weapon. It is a second-degree felony with up to 15 years in prison. Even without a weapon, prosecutors still push for aggressive sentences. The Brancato Law Firm, P.A. defends strong-arm robbery cases throughout Hillsborough, Pinellas, and Pasco Counties.

How long do you go to jail for armed robbery in Florida?

Armed robbery with a firearm is a first-degree felony punishable by up to life in prison. On top of that, Florida’s 10-20-Life law triggers a 10-year mandatory minimum just for having the firearm. Furthermore, if someone fired the firearm, the minimum jumps to 20 years. The Brancato Law Firm, P.A. fights to challenge firearm classifications and reduce mandatory minimums.

Can I be charged with robbery if I did not actually take anything?

Yes. You can be charged with attempted robbery even if no property was taken. Specifically, the State just has to prove you intended to commit robbery and took some step toward doing it. However, if you voluntarily stopped before using force, the charges may not hold. The Brancato Law Firm, P.A. examines the timeline of events closely in these situations.

What should I do if I am arrested for robbery in Tampa?

Stay silent and call a lawyer immediately. Do not explain your side to the police. If you have been booked at Orient Road Jail or Falkenburg Road Jail, your first appearance will be at the Hillsborough County Courthouse. Call The Brancato Law Firm, P.A. at (813) 727-7159 as soon as possible — early action can change the outcome of your case.

Why should I hire The Brancato Law Firm for robbery defense?

Rocky Brancato has more than 25 years of criminal defense experience in Hillsborough County, including more than 150 jury trials to verdict. Notably, he has taken robbery and armed robbery cases to trial and won Not Guilty verdicts. He also holds an AV Preeminent rating from Martindale-Hubbell and has been selected to Super Lawyers, with perfect 10.0 ratings on both Justia and Avvo.

What does an AV Preeminent rating mean for my robbery case?

An AV Preeminent rating from Martindale-Hubbell is the highest rating an attorney can receive for legal ability and ethical standards. Essentially, Martindale-Hubbell bases this rating on peer reviews from other lawyers and judges who have seen Rocky Brancato work. For your robbery case, this means the attorneys who have opposed him rate his ability at the highest level. The Brancato Law Firm, P.A. brings that caliber of defense to every case.

You Are Reading This for a Reason — Let Us Help

If you or someone you love is facing Florida robbery law in Tampa, you are not just reading an article — you are looking for a way out. We understand that. At The Brancato Law Firm, P.A., we have taken armed robbery cases to trial and won Not Guilty verdicts when the stakes could not have been higher.

Every day you wait is a day the prosecution builds its case against you. However, early action can change everything — from challenging the evidence before trial to preventing formal charges from ever being filed. The sooner you call, the more options we have to protect you.

Call Tampa Criminal Defense Attorney Rocky Brancato right now at The Brancato Law Firm, P.A.: (813) 727-7159. The consultation is free, confidential, and available 24/7 for emergencies. We serve Hillsborough, Pinellas, and Pasco Counties.

For more about how we defend violent crime cases, visit our Tampa Violent Crime Lawyer practice page. We have also written about what constitutes a first-degree felony in Florida, which covers the sentencing framework that applies to armed robbery.

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice serving clients exclusively in Hillsborough, Pinellas, and Pasco Counties. We are not affiliated with any other Brancato-named law firms.

This page is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes depend on the individual facts and circumstances involved. Past results do not guarantee future outcomes.

Updated 5/31/2026

I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. Before private practice I was chief operating officer and chief assistant public defender of the Hillsborough County Public Defender’s Office, supervising more than a hundred attorneys across every division, and criminal mischief was the charge I saw most often turn a person with no record into a convicted felon over a repair invoice. Our attorneys treat every one of these cases as a fight about two things — what you intended, and what the damage was actually worth.

What Does Florida Law Define as Criminal Mischief?

Willfully and maliciously injuring or damaging another person’s property, by any means. Section 806.13(1)(a), Florida Statutes, provides that “a person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto.”

Three elements, then: the property belonged to someone else, you damaged it, and you did so willfully and maliciously. The first two are usually not in dispute. Almost every criminal mischief defense lives in the third element and in the dollar figure that sets the penalty.

What Are the Penalties for Criminal Mischief in Florida?

They climb with the repair bill, and the felony threshold is a four-figure number that a single broken windshield or kicked-in door can reach:

Two features of the statute compound the exposure. Amounts of damage to multiple owners in a single scheme or course of conduct can be aggregated to reach the felony threshold, so a night of slashed tires on four cars is charged as one felony rather than four misdemeanors. And juveniles convicted of graffiti face driver license suspension of up to a year, reducible one day for each hour of community service performed.

When Does Criminal Mischief Become a Felony in Florida?

September 2026 update: Damage to a vending machine or parking pay station is one of the most common ways a criminal mischief charge reaches the $1,000 felony line, because the operator’s repair invoice is the State’s proof of value. Our rewritten guide, Is Breaking Into a Vending Machine or Parking Meter a Felony in Florida?, covers the overlap between section 806.13 and the vending machine statute, section 877.08.

Four ways, and only one of them involves a large number:

1. The $1,000 threshold. Damage valued at $1,000 or more. A car door, a storefront window, a security gate, a cell phone thrown against a wall — all routinely clear this line.
2. Interruption of service. Damage that interrupts a business operation or a public communication, transportation, water, gas, or power service, where restoring it costs $1,000 or more.
3. A prior conviction. Any criminal mischief conviction on your record converts a new misdemeanor-level offense into a third-degree felony, regardless of the dollar amount.
4. Protected property. Damage over $200 — not $1,000 — to a place of worship, a religious article, a memorial, or historic property.

The fourth path is the one that surprises clients most. Two hundred dollars of damage to a church sign or a veterans’ memorial is a felony; the same damage to the building next door is a misdemeanor.

Does “Maliciously” Mean I Had to Hate the Owner?

No — and the Fourth District just said so in a case that will be cited in every criminal mischief prosecution in Florida for years. The word “malicious” sounds like it requires spite. Under Florida’s standard jury instruction 12.4, it means something much broader: “wrongfully, intentionally, without legal justification or excuse, and with the knowledge that injury or damage will or may be caused to another person or the property of another person.” Chief Judge Gerber’s opinion in Phang v. State, No. 4D2025-1498 (Fla. 4th DCA Sept. 2, 2026), traced the history: the common-law crime of malicious mischief did require “ill will or hatred toward the owner of the property,” but the statutory crime that replaced it does not. “Without recounting every step in the evolutionary process,” the opinion explained, quoting the Fifth District, “suffice it to say that the malice requirement morphed from inclusion of ill will or hatred toward the owner of the property into a statutory element that specifically requires willful and malicious intent to injure or damage the property of the owner.” (Read the opinion.)

So the question is not whether you were angry at the owner. It is whether you intentionally did something to the property, without justification, knowing that damage “will or may” result. That is a low bar, and Phang shows exactly how low.

What Happened in Phang v. State?

A rideshare driver dropped off a passenger inside a gated community at two in the morning and could not get out. The exit gate would not open. He called the posted assistance number four times over sixteen minutes; no one answered. He did not call the police non-emergency line. Instead, in Chief Judge Gerber’s words, he “literally took matters into his own hands”: he got out and pushed and pulled the entrance gate for about twenty-four seconds, then turned to the exit gate and “leaned heavily into the exit gate with great force, causing it to bend.” The gate was designed to roll sideways on a track, not to be pushed forward against the asphalt. He broke a gate post and bent the gate, squeezed his car through, and left. The community spent $1,360 on repairs — $360 over the felony line.

The community manager reviewed the video and tried to bill the rideshare company, which required a police report. Police traced the car to the driver’s apartment, where he denied his identity and denied owning the car shown in the video — even though that car was parked outside his apartment. He was charged with felony criminal mischief, went to trial, and was convicted. The Fourth District affirmed per curiam. Chief Judge Gerber wrote separately to explain why.

His opinion rejected the driver’s argument that because he intended only to leave, not to damage anything, the act was neither wrongful nor intentional. The security video, the court said, let the jury conclude “a reasonable person in Paul’s position would have known that pushing the gate with such great force in a direction for which the gate was not designed would damage the gate.” As for “legal justification or excuse,” the driver “could have attempted to contact the local police’s non-emergency number for assistance rather than attempting to open the gate himself. Or at worst, when Paul realized the gate was putting up a fight against being opened manually, and was likely to break upon further force being applied, Paul could have stopped.” The court added that it did “not mean to minimize the frustrating circumstances” — “Many drivers have experienced the frustration of encountering an unmanned malfunctioning exit gate … That frustration can seem intolerable when occurring at two o’clock in the morning” — but frustration is not a legal excuse.

Then came the passage that every client charged with criminal mischief should read. The driver, Chief Judge Gerber observed, “did not improve his fate by denying any involvement, much less his identity, when the police arrived at his apartment,” and “also did not improve his fate by rejecting the state’s reasonable offer to accept a withhold of adjudication to a misdemeanor charge and pay restitution to the community for damaging the gate. While some may question the fairness of Paul having a felony conviction on his record, that outcome is beyond our purview.”

How Is the Damage Amount Proved — and Fought?

By the repair invoice, usually — and that is exactly where our attorneys start. The dollar figure in a criminal mischief case is an element the State must prove beyond a reasonable doubt, not a number it gets to assert. In Phang the difference between a misdemeanor and a felony was $360 on a gate repair bill that no one appears to have contested. In practice the figure is often soft:

Knock $361 off the Phang invoice and the felony becomes a first-degree misdemeanor. That is not a technicality; it is the element the Legislature chose to make the dividing line, and the State has to prove it. Our approach to proving value in property cases is laid out in more detail in our article on proving value in Florida grand theft cases, and the same principles apply here.

One boundary worth knowing: when the damage is done by fire or explosion to a “structure” — a building, a shed, or any vehicle or vessel — the charge is not criminal mischief but arson under section 806.01, a second-degree felony even for an empty structure and a first-degree felony for a dwelling. Our article on whether arson is a felony in Florida explains where that line falls.

Can You Be Charged for Projecting Images on a Building?

Yes. Section 806.13(7) makes it a first-degree misdemeanor to “knowingly and intentionally display or project, using any medium, an image onto a building, structure, or other property without the written consent of the owner,” and a third-degree felony if the projected image contains a credible threat. No physical damage is required. The provision is aimed at the projection of messages onto stadiums, office towers, and public buildings, and it has been used.

How Do Our Attorneys Fight Criminal Mischief Charges?

By attacking the two elements that actually decide these cases, and by keeping the conviction off the record where a fight is not the best outcome:

1. The intent element, correctly framed. After Phang, “I didn’t mean to break it” is not a defense by itself. “I did not intend to do anything to that property,” or “the damage was accidental,” or “I had a legal right to do what I did” — those are. A tenant removing his own fixtures, a co-owner disposing of jointly owned property, a person defending himself or his own property: the “without legal justification or excuse” clause does real work when the facts support it.
2. The dollar figure. Every estimate, invoice, and owner’s guess is cross-examined. The felony line is $1,000 and the State has to reach it with evidence.
3. Ownership. “Property belonging to another” excludes property you own or co-own. Roommate, spouse, and family disputes over shared property are frequently charged as criminal mischief when they are civil disputes.
4. Identification. Most criminal mischief happens without a witness. Video, as in Phang, is often what the State has — and video that shows an act does not always show who did it.
5. The disposition, when the facts are bad. A withhold of adjudication on a reduced charge with restitution paid is not a loss; in the right case it is the whole point. The driver in Phang was offered exactly that and turned it down. He now has a felony conviction that a court of appeal openly described as arguably unfair and legally unreviewable.

For more about our defense strategies, visit our Hillsborough County criminal defense page.

What Should You Do After a Criminal Mischief Arrest?

Do not talk to the owner, the property manager, or the police about what happened, and do not pay anything yet. Payment is restitution, and restitution is best made as part of a negotiated disposition that buys you something — a reduction, a withhold, a dismissal — rather than as a volunteered admission. Photograph the property yourself if you can do so lawfully, because the condition it was in before and after matters to value. Save every message from the owner, especially any that put a number on the damage; the first number is often the honest one. And if the incident involved a car, a gate, a door, or anything else with a camera pointed at it, assume the video exists and get counsel before you are asked about it.

Frequently Asked Questions About Criminal Mischief in Florida

Is criminal mischief a felony or a misdemeanor in Florida?

Both, depending on the facts. It is a misdemeanor when the damage is under $1,000 and you have no prior criminal mischief conviction, and a third-degree felony when the damage is $1,000 or more, when you have a prior conviction, or when damage over $200 is done to a place of worship, memorial, or historic property.

What if I didn’t mean to damage anything?

After Phang v. State, that is not enough by itself. “Maliciously” means intentionally doing something to the property, without legal justification, knowing that damage “will or may” result. If you meant to do the act and a reasonable person would have known it might cause damage, the State can argue malice. A truly accidental act — one you did not intend at all — is a different matter and a real defense.

Do I have to pay restitution?

If convicted, almost certainly. But restitution is also a negotiating tool: an offer to make the owner whole is often what turns a felony charge into a misdemeanor withhold or a dismissal. The timing and structure of that payment should be handled by counsel, not by you directly.

Can criminal mischief be charged for damaging my own property or property I share?

Not for property you own alone. Shared or jointly owned property is a contested area; the State’s position is that damaging a co-owner’s interest can qualify, and the defense position depends on the facts of ownership and control. These disputes — between spouses, roommates, and family members — are among the most defensible criminal mischief cases we see.

Will a criminal mischief conviction stay on my record?

A conviction is permanent. A withhold of adjudication is not a conviction and may be sealable later, depending on the offense and your history. That distinction is exactly what the driver in Phang gave up when he declined the State’s offer.

Is graffiti treated differently?

Graffiti is criminal mischief under the same statute, graded by the same dollar tiers, with add-ons: mandatory minimum fines of $250, $500, and $1,000 for a first, second, and third conviction, at least 40 hours of community service, and for minors, a driver license suspension of up to one year.

If you or a family member has been charged with criminal mischief anywhere in Tampa Bay, the attorneys of The Brancato Law Firm, P.A. — founded by Tampa Criminal Defense Attorney Rocky Brancato — will look at the intent evidence and the repair invoice before anyone talks about a plea. Call (813) 727-7159. The difference between a misdemeanor and a felony is often a few hundred dollars and one decision made too fast.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I spent years in the Major Crimes Unit of the Hillsborough County Public Defender’s Office and have taken more than 150 jury trials to verdict — and burglary is the charge where our attorneys most often turn a scary-sounding felony into something the State cannot actually prove.

How Does Florida Define Burglary?

Under section 810.02, Florida Statutes, burglary is entering a dwelling, a structure, or a conveyance with the intent to commit an offense inside — unless the premises were open to the public or you were licensed or invited to enter.

Every word carries weight. A “dwelling” includes its attached curtilage — the enclosed yard around a home — so stepping over a fence can put you “inside” a dwelling in the eyes of the law. A “conveyance” includes cars, so reaching into an unlocked vehicle can be burglary. And an invitation is not always a defense: the statute separately criminalizes remaining inside after being invited — surreptitiously, after permission has been withdrawn, or in order to commit a forcible felony. That “remaining in” theory is how house guests, exes with keys, and party attendees end up charged with burglary in situations that started out lawful.

What Are the Degrees and Penalties for Burglary in Florida?

Three details in that table change cases. First, a dwelling is second-degree even when empty — the State does not have to prove anyone was home. Second, the leap to a life felony can happen mid-event: a burglary becomes first-degree if the person “is or becomes armed” inside — even by picking up something in the house — or commits any assault or battery while inside. Third, Florida adds a riot and state-of-emergency enhancement: a burglary committed in a county under a declared state of emergency, facilitated by conditions arising from the emergency, is reclassified one full degree — hurricane-season looting allegations are charged hard in Florida, and defendants arrested under this provision cannot be released before first appearance.

The Element the State Struggles With: Intent at the Moment of Entry

Burglary is not trespass plus bad results — it requires proof of what was in your head at one specific instant.

That 2025 decision is C.G., a Juvenile v. State, No. 3D2024-1813 (Fla. 3d DCA Aug. 27, 2025). C.G. entered someone’s yard and a physical altercation followed — a battery, which he admitted. But the appellate court threw out the burglary finding, because the State presented no evidence that he intended to commit any offense at the time he entered the yard. The case went back down as a simple battery. The difference between those two outcomes is enormous — and it turned entirely on timing of intent.

The State does have one statutory shortcut: under section 810.07, proof of a stealthy entry without consent is prima facie evidence of intent to commit an offense. That presumption is exactly where the defense goes to work: an entry through an open door in daylight is not stealthy, a presumption can be rebutted, and intoxication, confusion, mistaken address, and innocent explanations all undercut the inference. Our attorneys build burglary defenses around that single moment of entry, because it is the one element the State almost never has direct evidence of.

Does a Fenced Yard Count? Curtilage, Porches, and Boats

Yes — and this is where burglary law surprises people. Under the definitions in section 810.011, Florida Statutes, a “dwelling” is any building or conveyance with a roof that is designed for people to sleep in at night — together with its curtilage, and including any attached porch. A “structure” is any roofed building plus its curtilage. That means the law can treat the enclosed yard around a house as part of the house: Florida courts require some form of enclosure — a fence — before land qualifies as curtilage, which is why the fence line, its gaps, and its gates become genuine evidence in these cases. A “conveyance” sweeps in cars, boats, vessels, trailers, and aircraft, and even taking apart part of a vehicle counts as entering it.

One more definition with Tampa Bay relevance: during a Governor-declared state of emergency, the definitions expand — a storm-damaged building counts as a structure or dwelling even with its walls or roof gone. Combined with the emergency reclassification discussed above, post-hurricane arrests can turn what looks like walking through debris into a serious felony charge. Whether the site actually qualifies, and whether the emergency actually facilitated anything, are questions our attorneys litigate rather than concede.

What Is the Difference Between Burglary, Trespass, and Robbery?

Burglary is unlawful entry plus intent to commit an offense inside. Trespass is the unlawful entry alone — usually a misdemeanor — and it is the natural reduction target in a burglary case where the intent evidence is thin. Robbery is taking property from a person by force or fear; it does not require entering anything. Prosecutors charge the most serious theory the facts might support; our job is to make the evidence fit the offense that actually happened, which is often a degree or two below the arrest charge.

What Happens When Burglary and Theft Are Charged Together?

Each count stands or falls on its own elements — and the companion count is often the weaker one. The Second District’s fresh decision in Russell v. State, No. 2D2024-1373 (Fla. 2d DCA Aug. 28, 2026) makes the point: Russell was convicted of burglary of an unoccupied dwelling and grand theft from a dwelling. The appellate court left the burglary in place — but reversed the grand theft, because the State never proved the value of the stolen items under the four-factor market-value test of Negron v. State, 306 So. 2d 104 (Fla. 1974), and remanded for entry of a petit theft judgment instead. Felony theft became a misdemeanor because of a proof failure on one element. We wrote a full guide on exactly that battleground: how the State proves value in a Florida grand theft case. The takeaway for burglary defendants: never assume the charges rise and fall together. Attacking each element of each count separately is how a two-felony case becomes a one-misdemeanor case.

How Do We Defend Burglary Charges?

We start at the moment of entry, because that is where the State’s case is thinnest. Was there actual evidence of intent when our client crossed the threshold — or only an inference from what happened later? Was the entry stealthy at all, or is the section 810.07 presumption unavailable? Was the entry licensed or invited — and if permission was later withdrawn, can the State prove the precise moment and an intent formed after it? Was the property genuinely a “dwelling,” and was it “occupied,” or is the charge a degree too high? Is the identification solid — burglary cases lean heavily on fingerprints, DNA, and grainy video, all of which our attorneys test with experts. And where the State’s real case is possession of recently stolen property, we hold it to the limits of that inference. A burglary charge is a stack of assumptions; we take them apart one at a time.

What Should You Do If You Are Charged with Burglary?

Do not explain, do not consent to interviews, and get counsel involved before the formal charging decision. Burglary charging decisions are unusually elastic — the same facts can be filed as first-degree burglary, second-degree burglary, trespass, or nothing, depending on how the intent and occupancy evidence reads in the first weeks. That is also when video gets preserved or lost, when witnesses’ memories of who was invited harden, and when a defense investigator can document the property — fences, signage, sightlines — before anything changes. Our attorneys use that window to fight the degree of the charge before it is filed, not just the verdict after.

Frequently Asked Questions About Burglary in Florida

Is breaking into a car burglary in Florida?

Entering a vehicle — even an unlocked one — with intent to commit an offense inside is burglary of a conveyance, a third-degree felony punishable by up to 5 years if the vehicle was unoccupied. “Car hopping” cases charged against young people are still felonies, and our attorneys treat them with the same seriousness as any burglary — with the same intent-at-entry defenses.

Can burglary really carry a life sentence?

Yes. Burglary becomes a first-degree felony punishable by up to life if the person commits an assault or battery during it, is or becomes armed with a dangerous weapon, or causes qualifying damage. The “becomes armed” language is dangerously broad — picking up an item inside can qualify — which is why the facts of what happened inside deserve as much scrutiny as the entry itself.

What if I was invited in?

An invitation defeats the entry theory of burglary — but Florida also criminalizes remaining inside surreptitiously, staying after permission is withdrawn with intent to commit an offense, or remaining to commit a forcible felony. These “remaining in” cases turn on murky questions of when permission ended and what was intended afterward, and they are highly defensible. Tell your lawyer the full history between you and the property’s occupants.

What is the difference between burglary and trespass?

Intent. Both involve entering where you were not authorized, but burglary requires proof that you intended to commit an offense inside at the moment of entry; trespass does not, and it is generally a misdemeanor. When the intent evidence is weak, a burglary count is a trespass case wearing the wrong label — and our firm has made that argument to prosecutors and juries alike.

Does a burglary charge get worse during a hurricane or state of emergency?

Yes — a burglary committed in a county under a declared state of emergency, where the crime was facilitated by conditions arising from the emergency (evacuations, power outages, curfews), is reclassified one degree higher, and the arrested person must be held until first appearance. In a hurricane state, this enhancement matters, and whether the emergency actually “facilitated” the alleged crime is a litigable question.

Can a burglary charge be reduced or dismissed?

Regularly — burglary is among the most reducible felonies because its core element is invisible: intent at the moment of entry. Weak intent evidence drives reductions to trespass; occupancy and dwelling disputes drop degrees; and companion theft counts fall on value proof, as Russell v. State just showed. The Brancato Law Firm, P.A. has defended burglary cases across Tampa Bay for decades — call (813) 727-7159 for a free, confidential review.

For more about our defense strategies, visit our Hillsborough County Criminal Defense Attorney page.

Related reading: What Is Trespass in Florida? · What Is Theft in Florida? · How Does the State Prove Value in a Florida Grand Theft Case? · What Is Robbery in Florida? · What Is Dealing in Stolen Property in Florida? · What to Do After Being Arrested in Tampa, Florida

The Charge Is Built on One Invisible Moment — Make the State Prove It

If you or someone you love has been arrested for burglary in Hillsborough, Pinellas, or Pasco County, the degree of the charge — misdemeanor trespass, five-year felony, or life felony — is still being decided by a prosecutor reading one side of the file. Call the attorneys of The Brancato Law Firm, P.A. — founded by Tampa Criminal Defense Attorney Rocky Brancato — at (813) 727-7159 before the charging decision is made. Intent at the moment of entry is the State’s weakest element; make sure someone is attacking it from day one.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

I’m Tampa Criminal Defense Attorney Rocky Brancato. For over 25 years, I’ve defended clients in Hillsborough County facing charges under Florida’s contracting statutes—including unlicensed contracting, permit fraud, and license-lending violations that carry serious criminal consequences.

What Does Florida Statute § 489.127 Prohibit That The Brancato Law Firm Defends Against?

Florida’s unlicensed contracting statute is broad and aggressive. Specifically, it doesn’t just target people performing construction work without a license—it criminalizes a wide range of conduct connected to contractor licensing. In our experience defending these cases in Hillsborough, Pinellas, and Pasco Counties, many clients are shocked to learn how easily a business dispute or paperwork lapse can turn into a criminal case.

Because the statute casts such a wide net, The Brancato Law Firm regularly sees cases where a contractor’s certification lapsed during a project, where a handyman performed work that crossed the licensing threshold, or where a business owner genuinely believed they maintained compliance. Although the prosecution doesn’t always distinguish between intentional fraud and honest mistakes, we do.

What Are the Penalties for Unlicensed Contracting Charges in Tampa and Hillsborough County?

The penalties under § 489.127 escalate quickly based on prior history and the circumstances of the offense. As a result, early contact with a criminal defense attorney matters—because what starts as a first-offense misdemeanor can become a felony if you do not handle it properly.

Can a Licensed Contractor Face Criminal Charges for Lending Their License Number in Florida?

Yes—and this is one of the most overlooked risks in the contracting industry. Specifically, Section 489.127(4) criminalizes what contractors commonly call “license lending” or “pulling permits” for an unlicensed person or unqualified business organization.

In our practice, we have defended licensed contractors in Hillsborough County who entered into informal arrangements—sometimes with family members or long-time associates—without realizing the criminal exposure. Because The Brancato Law Firm understands the nuances of these arrangements, we build defenses around the specific facts of each case, including whether the contractor had actual knowledge that the arrangement violated the statute.

What Happens When DBPR Issues a Stop-Work Order for Unlicensed Construction Work?

Beyond criminal penalties, § 489.127(3) authorizes the Florida Department of Business and Professional Regulation (DBPR) to issue stop-work orders when it finds probable cause to believe unlicensed work is underway. In our experience defending contractors in the Tampa Bay area, a stop-work order often precedes criminal charges—and how you respond to it matters significantly.

How Does The Brancato Law Firm Challenge Stop-Work Orders and Related Criminal Charges?

First, probable cause challenges. The department must establish probable cause before issuing a stop-work order. We examine whether the investigation met this threshold and whether investigators overlooked a valid certificate or registration.

Second, licensing status disputes. Sometimes the issue comes down to timing—for instance, a qualifying agent left the business, or a renewal sat pending. In cases like these, we have argued successfully that the contractor did not truly operate as “unlicensed” at the relevant time.

Third, enforcement overreach. The DBPR can enforce stop-work orders through cease-and-desist actions under § 455.228. However, The Brancato Law Firm scrutinizes whether the department followed proper procedures and whether the order was proportionate to the alleged violation.

Can Local Code Enforcement Officers in Tampa Prosecute Unlicensed Contracting?

Yes. Section 489.127(5) gives counties and municipalities the authority to designate code enforcement officers to enforce unlicensed contracting laws. In Hillsborough County and the City of Tampa, this means local code enforcement can issue citations carrying civil penalties up to $2,500 per day for each violation.

Importantly, the code enforcement process includes the right to an administrative hearing before a licensing board or special magistrate. The Brancato Law Firm represents contractors at these hearings because the outcome directly impacts potential criminal exposure. Because we understand how the 13th Judicial Circuit and Hillsborough County enforcement boards operate, we prepare cases to prevent escalation from civil citation to criminal charge.

What Defenses Can a Tampa Criminal Defense Attorney Use Against Unlicensed Contracting Charges?

Unlicensed contracting charges are not automatic convictions. At The Brancato Law Firm, we build defense strategies based on the specific facts of each case. Because I served in the Major Crimes Unit of the Hillsborough County Public Defender’s Office and later led operations as Chief Operations Officer, I understand how prosecutors build these cases—and where the weaknesses hide.

Does The Brancato Law Firm Challenge Whether the Work Actually Required a License?

Not all construction-related work requires a contractor’s license. For example, Florida law provides exemptions for property owners performing work on their own property, for certain types of minor repairs, and for work below specified thresholds. As a result, we investigate whether the work actually fell within the scope of § 489.127 or whether an exemption applies.

Can The Brancato Law Firm Prove the Contractor’s License Was Valid at the Time of the Alleged Offense?

Florida courts have held that the statute’s prohibitions presuppose the existence of a valid certification. In particular, in State v. Summerlot, the Third DCA confirmed that prosecutors could charge a contractor operating on an inactive certificate—but this also means the prosecution must prove the certificate was actually invalid at the relevant time. Therefore, we obtain and scrutinize licensing records to find gaps in the state’s case.

Does The Brancato Law Firm Raise Lack-of-Knowledge Defenses in License Lending Cases?

For license-lending charges under § 489.127(4), the statute requires that the contractor “knowingly” allowed someone to use their number. This mens rea element serves as a powerful defense tool. Accordingly, we present evidence that our client did not have actual knowledge of the unlicensed use of their credentials.

What Civil Consequences Can Arise from Unlicensed Contracting Charges Beyond Criminal Penalties?

Criminal charges under § 489.127 represent only part of the picture. In addition, unlicensed contracting can trigger civil consequences that affect a contractor’s livelihood, existing contracts, and real property. For this reason, The Brancato Law Firm addresses both the criminal and collateral consequences when defending these cases.

Contract enforceability. Under the related § 489.128, courts may deem contracts that an unlicensed contractor entered into as unenforceable. Notably, the Florida Supreme Court in Earth Trades, Inc. v. T&G Corp. (2013) clarified that the onus falls on the unlicensed contractor—which means your existing contracts and accounts receivable could face serious risk.

Liens on real property. Furthermore, civil penalties from code enforcement can become recorded liens against real and personal property under § 489.127(5)(h), and the local government can enforce them through circuit court foreclosure proceedings.

Workers’ compensation implications. Although the Second DCA held in Central Florida Lumber v. Qaqish (2009) that unlicensed status doesn’t eliminate workers’ compensation immunity, the intersection of licensing violations and employment relationships creates additional legal exposure that we evaluate for every client.

What Do Most Attorneys Miss When Defending Unlicensed Contracting Cases in Florida?

Frequently Asked Questions About Unlicensed Contracting Charges in Florida

Questions About Unlicensed Contracting Defense

Questions About The Brancato Law Firm, P.A.

For more about our defense strategies in contractor licensing and regulatory cases, visit our Criminal Defense Practice Page.

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.