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.

I’m Tampa criminal defense attorney Rocky Brancato. With more than 25 years defending felony cases in Hillsborough County, an AV Preeminent rating from Martindale-Hubbell, and Super Lawyers recognition, I have handled arson cases at every level — from fires in vacant structures to first-degree arson involving occupied dwellings.

How Does Florida Law Define Arson?

Under Florida law (§806.01), arson means willfully and unlawfully damaging property by fire or explosion. However, the severity of the charge depends entirely on what type of property you damaged — and whether anyone was inside or normally present at that location.

Florida Statute §806.01: The State must prove you willfully and unlawfully caused damage by fire or explosion. If the fire was accidental — or if you had a lawful reason for the burn — the arson charge fails. This is where The Brancato Law Firm, P.A. builds the defense.

Florida also defines “structure” very broadly under §806.01(3). It includes any building of any kind, any enclosed area with a roof, real property and its appurtenances, tents, portable buildings, vehicles, boats, and aircraft. Because the definition is so expansive, prosecutors can charge arson in situations many people would not expect — including setting fire to your own car, your own shed, or even a tent.

What Is the Difference Between First-Degree and Second-Degree Arson?

The difference comes down to the type of property that was damaged and whether people were present or expected to be present.

First-Degree Arson (§806.01(1))

Arson becomes a first-degree felony when the fire or explosion damages any of the following:

• Any dwelling — whether someone was home or not — or its contents
• Any structure where people are normally present during business hours — including jails, prisons, hospitals, nursing homes, churches, schools, department stores, and office buildings
• Any other structure the defendant knew or had reasonable grounds to believe was occupied by a human being at the time

Warning: First-degree arson is a first-degree felony carrying up to 30 years in prison and a $10,000 fine. If someone dies as a result of the fire, prosecutors in the 13th Judicial Circuit can also charge felony murder — which carries a mandatory life sentence. Even if the dwelling was completely empty when the fire started, the charge is still first-degree because §806.01(1)(a) covers occupied and unoccupied dwellings.

Second-Degree Arson (§806.01(2))

If the fire or explosion damages a structure that does not fall into the first-degree categories — for instance, an abandoned warehouse, a vacant commercial building, or your own property — the charge drops to second-degree arson. This is a second-degree felony carrying up to 15 years in prison and a $10,000 fine. Although the penalties are lower, a conviction still means a permanent felony record that you cannot seal or expunge.

What Are the Penalties for Arson in Florida?

The penalties for arson depend on the degree of the charge, your prior criminal history, and whether anyone was injured or killed.

At The Brancato Law Firm, P.A., we evaluate every arson case for sentencing departure opportunities. Even when a conviction is likely, the difference between a guidelines sentence and a departure sentence can mean years of your life.

Can You Be Charged With Arson for Burning Your Own Property?

Yes. Under §806.01(2), setting fire to your own structure is still arson — a second-degree felony — if you do so willfully and unlawfully. Prosecutors frequently file these charges when they suspect insurance fraud or when the fire spreads and endangers neighboring properties or people.

However, the State must still prove the “willful and unlawful” element. If the fire was accidental, if you had a legitimate reason for the controlled burn, or if the State cannot prove you started it, the charge should not stand. We challenge these cases aggressively at The Brancato Law Firm, P.A..

When Do Prosecutors Add Arson Charges in Florida?

Arson charges rarely exist in isolation. Prosecutors in the 13th Judicial Circuit often stack arson alongside other serious charges to increase leverage during plea negotiations. In fact, the most common charge pairings include:

• Arson + Insurance Fraud. If the State believes you burned property to collect an insurance payout, both charges carry separate penalties.
• Arson + Felony Murder. If anyone dies — even a firefighter or bystander — the State can charge felony murder, which carries a mandatory life sentence.
• Arson + Domestic Violence. Fires set during domestic disputes often result in arson charges stacked with battery, stalking, or criminal mischief.
• Arson + Criminal Mischief. When property damage involves both fire and other destruction, the State may file both charges to cover every theory.

Because stacking charges dramatically increases potential prison time, early intervention by a defense attorney is critical. At The Brancato Law Firm, P.A., we evaluate every charge in the stack and challenge each one independently.

How We Fight Arson 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 felony division — I have seen how the State builds arson cases and where those cases fall apart. Here is how we defend arson charges at The Brancato Law Firm, P.A.:

• Challenge the cause and origin. Arson cases depend heavily on fire investigation reports. We retain independent fire investigation experts to review the State’s findings and, when necessary, present an alternative explanation for the fire.
• Attack the “willful” element. If the fire was accidental — an electrical fault, a cooking fire, a gas leak — there is no arson. We investigate every possible non-criminal cause.
• Suppress illegally obtained evidence. If law enforcement obtained confessions, surveillance footage, or physical evidence through constitutional violations, we file motions to suppress before trial.
• Challenge the identification. The State must prove you started the fire. If the evidence is circumstantial and alternative suspects exist, we exploit those weaknesses.
• Negotiate reduced charges or departures. When the facts support it, we push for second-degree arson instead of first-degree, or we pursue sentencing departures that keep you out of prison.

Can Arson Charges Be Dropped or Reduced in Florida?

Yes — and it happens more often than most people realize. Here are the most common paths to getting arson charges dropped or reduced:

• Accidental fire. If the fire was not intentional, the “willful” element fails entirely. We retain fire investigation experts to establish alternative causes and present them to the prosecutor.
• Insufficient evidence of identity. The State must prove beyond a reasonable doubt that you set the fire. If the evidence is purely circumstantial and other explanations exist, the charge should not survive a motion for judgment of acquittal.
• Constitutional violations. If investigators obtained evidence through an illegal search, a warrantless entry into your property, or a Miranda violation, we move to suppress that evidence — and without it, the case may collapse.
• Pre-file advocacy. If you contact The Brancato Law Firm, P.A. before the State formally files charges, we can present evidence and argument to the intake prosecutor at the State Attorney’s Office, 13th Judicial Circuit. In some cases, this prevents the charge from ever being filed.

The earlier you contact a defense attorney, the more options you have. Evidence in arson cases — fire scene evidence, surveillance footage, witness memories — degrades quickly.

What Should You Do After an Arson Arrest in Tampa?

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

1. Do not speak to fire investigators or law enforcement. Arson investigators will want a detailed statement. Do not provide one without an attorney present — anything you say becomes evidence.
2. Call a defense attorney before your first appearance. Your first hearing at the Hillsborough County Courthouse happens within 24 hours of arrest. Having counsel at that hearing can affect your bond amount and conditions of release.
3. Preserve evidence. Photographs, surveillance footage from neighboring properties, insurance documents, maintenance records, and electrical inspection reports can all support your defense — but they disappear quickly.
4. Do not discuss the case. Jail calls at Orient Road and Falkenburg are recorded and admissible at trial. Do not discuss the fire with anyone except your attorney.

Frequently Asked Questions About Arson in Florida

Is arson always a felony in Florida?

Yes. Under §806.01, every arson charge is a felony — either first degree (up to 30 years) or second degree (up to 15 years). There is no misdemeanor arson in Florida. The Brancato Law Firm, P.A. defends clients facing both degrees of arson charges in Hillsborough, Pinellas, and Pasco Counties.

What happens if someone dies in an arson fire?

If anyone dies as a result of a fire you set — including a firefighter, a neighbor, or even someone you did not know was inside — the State can charge felony murder in addition to arson. Because felony murder carries a mandatory life sentence in Florida, the stakes escalate dramatically. Tampa criminal defense attorney Rocky Brancato has defended homicide cases in the 13th Judicial Circuit and understands how to fight when arson and death intersect.

Can you be convicted of arson if the fire was accidental?

No. Arson under §806.01 requires proof that the fire was set “willfully and unlawfully.” If the fire started from an electrical fault, a cooking accident, a lightning strike, or any other non-criminal cause, the State cannot prove the willful element. However, investigators and prosecutors do not always agree that a fire was accidental — which is why retaining an independent fire expert is critical.

More Questions About Arson Defense

What does a fire investigator look for in an arson case?

Fire investigators look for signs of accelerants (such as gasoline or lighter fluid), unusual burn patterns, multiple points of origin, and evidence that the fire was set intentionally. However, fire investigation is not an exact science, and independent experts often reach different conclusions than State investigators. At The Brancato Law Firm, P.A., we retain independent fire experts to challenge the State’s findings.

Can attempted arson be charged in Florida?

Yes. Under §777.04, attempting to commit arson is a crime even if the fire never caused damage. Attempted first-degree arson is a second-degree felony, and attempted second-degree arson is a third-degree felony. The State must still prove you took a substantial step toward committing the arson and had the intent to do so.

Hiring an Arson Defense Attorney

How does The Brancato Law Firm handle arson cases differently?

We retain independent fire investigation experts when the State’s evidence is questionable — because the cause-and-origin determination is often the make-or-break issue in an arson case. Rocky Brancato’s experience as the former Chief Operations Officer of the Hillsborough County Public Defender’s Office means he knows how prosecutors build arson cases and where their arguments fall apart. Combined with an AV Preeminent rating and over 150 jury trials to verdict, that experience translates into stronger defense strategies for every client.

How much does an arson defense lawyer cost in Tampa?

Fees vary depending on the degree of the charge, the complexity of the fire investigation evidence, and whether independent experts are needed. The Brancato Law Firm, P.A. offers free, confidential consultations so you can understand your options before making any commitment. Call (813) 727-7159 to discuss your case.

You Are Reading This for a Reason — Let Us Help

If you are facing arson charges in Tampa, the consequences are severe — up to 30 years for first-degree arson, and a potential life sentence if someone was killed. We have spent more than 25 years fighting serious felony charges in Hillsborough County, and we know how to challenge fire investigation evidence, contest the State’s theory of intent, and negotiate charges down when prosecutors overreach.

Every day you wait is a day the prosecution strengthens its case against you. The earlier Tampa criminal defense attorney Rocky Brancato gets involved, the more options you have — including pre-file advocacy that may prevent formal charges entirely.

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 serious criminal charges, visit our Violent Crimes practice page. You can also read our guide on What Is Burglary in Florida? — burglary and arson charges sometimes overlap when property damage is involved.

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.

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, I have defended stolen property cases for more than 25 years — including cases where clients were wrongly accused simply because they purchased or possessed property that turned out to be stolen. I hold an AV Preeminent rating from Martindale-Hubbell and Super Lawyers recognition.

How Does Florida Law Define Dealing in Stolen Property?

Under §812.019(1), dealing in stolen property means trafficking in — or attempting to traffic in — property that you know or should know was stolen. The word “traffics” is the key. Under Florida law, trafficking in stolen property means selling, transferring, distributing, or otherwise disposing of stolen property to another person. It also includes buying stolen property with the intent to resell or distribute it.

Florida Statute §812.019: The State must prove two things: (1) that you trafficked in or attempted to traffic in stolen property, and (2) that you knew or should have known the property was stolen. If you had no reason to believe the property was stolen — for instance, you bought it at a reasonable price through a normal transaction — the charge fails. The Brancato Law Firm, P.A. focuses the defense on this knowledge element.

It is important to understand that simply possessing stolen property is not the same as dealing in it. Possession of stolen property is charged under §812.014 as theft. Dealing in stolen property under §812.019 requires proof that you were trafficking — meaning selling, transferring, or distributing the property. However, prosecutors sometimes charge dealing in stolen property when the facts really only support a possession charge. At The Brancato Law Firm, P.A., we challenge these overcharged cases.

What Are the Penalties for Dealing in Stolen Property?

The penalties for dealing in stolen property are severe — far more serious than many people expect:

Warning: A dealing in stolen property conviction is a second-degree felony — the same severity as armed robbery. Furthermore, this charge is often filed alongside other charges such as grand theft, organized retail theft, or burglary, which means the potential prison time adds up quickly. If the State can prove you organized or directed the theft operation, the charge jumps to a first-degree felony with up to 30 years in prison. A conviction at this level can also trigger habitual offender enhancements under §775.084.

What Does “Knew or Should Have Known” Mean?

The “knew or should have known” element is the most important — and most contested — part of any dealing in stolen property case. The State does not have to prove you knew for certain that the property was stolen. Instead, the State can argue you “should have known” based on the circumstances. Prosecutors typically point to factors such as:

• The price was significantly below market value
• The seller could not provide proof of ownership, a receipt, or documentation
• The transaction was conducted in an unusual manner — cash only, no paperwork, in a parking lot or other informal setting
• Serial numbers were removed or altered
• The seller was evasive about where the property came from
• You had prior dealings with the same person involving other stolen goods

However, the “should have known” standard is not the same as “did know.” If you purchased property at a reasonable price, through normal channels, with no red flags — the State will have difficulty proving you should have known it was stolen. At The Brancato Law Firm, P.A., we build the defense around the specific circumstances of your transaction to show that your conduct was consistent with a legitimate purchase, not a criminal one.

How Do Police Investigate Dealing in Stolen Property Cases?

Law enforcement uses several investigative techniques to build dealing in stolen property cases. Understanding these methods is essential to mounting an effective defense:

• Undercover sting operations. Detectives pose as thieves and offer stolen goods to targets. These operations are common in pawn shop and fencing investigations. The State records the transaction and uses the suspect’s statements as evidence of knowledge.
• Pawn shop monitoring. Florida law requires pawn shops to report all transactions to the statewide database (LeadsOnline). Law enforcement uses this database to flag items matching stolen property reports.
• Surveillance and informants. In organized theft rings, law enforcement often uses confidential informants who are cooperating in exchange for reduced charges on their own cases.
• Digital evidence. Text messages, social media marketplace posts, and online sales records are all used to prove knowledge and intent.

Each of these methods has vulnerabilities. Sting operations can cross the line into entrapment. Informants have credibility problems. Digital evidence can be taken out of context. At The Brancato Law Firm, P.A., we examine every piece of the State’s investigation for weaknesses.

What Are the Best Defenses to Dealing in Stolen Property?

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 build stolen property cases — and where those cases fall apart. Here are the primary defenses we use at The Brancato Law Firm, P.A.:

• Lack of knowledge. If you did not know and had no reason to know the property was stolen, the charge fails. We demonstrate that the transaction was normal, the price was reasonable, and there were no red flags.
• No trafficking. Dealing in stolen property requires proof of trafficking — selling, transferring, or distributing. If you merely possessed the property without any intent to sell or transfer it, the charge should be theft, not dealing.
• Entrapment. If law enforcement induced you to commit a crime you would not otherwise have committed, entrapment is a complete defense. This applies in sting operations where detectives used pressure or persuasion.
• Insufficient evidence of stolen status. The State must prove the property was actually stolen. If the chain of ownership is unclear or the original theft report is unreliable, we challenge the foundation of the entire case.
• Suppress illegally obtained evidence. If the evidence was obtained through an illegal search, an unlawful stop, or a Miranda violation, we file motions to suppress it.

What Is the Difference Between Dealing in Stolen Property and Theft?

This is a common question — and the distinction matters significantly. Theft under §812.014 involves taking someone’s property with the intent to deprive them of it. Dealing in stolen property under §812.019 involves trafficking in property that someone else already stole. In other words, the thief commits theft, and the person who buys and resells the stolen goods commits dealing in stolen property.

The practical difference is enormous. A theft charge for property worth $1,000 is a third-degree felony with up to 5 years in prison. But dealing in stolen property — even for the same $1,000 in goods — is a second-degree felony with up to 15 years. This means the person who buys and sells the stolen goods can face a harsher penalty than the person who actually stole them. If you are facing a dealing charge when the facts really only support theft, The Brancato Law Firm, P.A. fights to get the charge reduced.

Frequently Asked Questions About Dealing in Stolen Property in Florida

Is dealing in stolen property a felony in Florida?

Yes. Dealing in stolen property under §812.019(1) is a second-degree felony carrying up to 15 years in prison and a $10,000 fine. If you organized or directed the theft operation, the charge increases to a first-degree felony with up to 30 years. The Brancato Law Firm, P.A. defends clients facing both levels of this charge in Hillsborough, Pinellas, and Pasco Counties.

Can I be charged with dealing in stolen property if I did not know the property was stolen?

Yes — the statute uses a “knew or should have known” standard. The State does not have to prove you actually knew the property was stolen. Instead, prosecutors can argue the circumstances should have put you on notice. However, if you purchased the property at a fair price through a normal transaction with no red flags, that defense can defeat the charge. Tampa criminal defense attorney Rocky Brancato evaluates every case for this knowledge defense.

What is the difference between dealing in stolen property and receiving stolen property?

In Florida, there is no separate “receiving stolen property” statute. Dealing in stolen property under §812.019 covers both buying and selling. If you received stolen property without intent to resell it, the appropriate charge may be theft by possession rather than dealing. This distinction can mean the difference between a second-degree felony and a much less serious charge.

More Questions About Stolen Property Defense

Can dealing in stolen property charges be dropped?

Yes. If the State cannot prove you knew or should have known the property was stolen, or if the evidence was obtained through an illegal search, the charges can be dismissed. In addition, pre-file advocacy — contacting the prosecutor before formal charges are filed — can sometimes prevent the charge from being filed at all. The Brancato Law Firm, P.A. pursues every available path to dismissal or reduction.

What if I bought something online and it turned out to be stolen?

Buying stolen property online — through Facebook Marketplace, OfferUp, Craigslist, or similar platforms — does not automatically make you a criminal. The State still has to prove you knew or should have known the item was stolen. If the listing looked normal, the price was reasonable, and the seller provided no indication the item was stolen, you may have a strong defense.

Hiring a Stolen Property Defense Attorney

Why should I hire The Brancato Law Firm for a dealing in stolen property charge?

Rocky Brancato’s experience as Chief Operations Officer and Chief Assistant Public Defender — managing over 100 attorneys across every division — means he understands how prosecutors in the 13th Judicial Circuit build these cases and where they are vulnerable. With more than 150 jury trials to verdict, an AV Preeminent rating, and Super Lawyers recognition, The Brancato Law Firm, P.A. brings senior-level experience to every stolen property defense.

How much does a stolen property defense lawyer cost in Tampa?

Fees depend on the complexity of the case, the amount of property involved, and whether additional charges are filed alongside the dealing charge. The Brancato Law Firm, P.A. offers free, confidential consultations. Call (813) 727-7159 to discuss your situation.

You Are Reading This for a Reason — Let Us Help

If you are facing a dealing in stolen property charge, you are looking at a second-degree felony that carries up to 15 years in prison. This charge requires proof that you knew or should have known the property was stolen — and that knowledge element is where these cases are won. We have spent more than 25 years defending property crime cases in Hillsborough County, and we know how to challenge the State’s evidence at every level.

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 Theft in Florida? and What Is Burglary in Florida? — dealing in stolen property charges often overlap with theft and burglary, and the defense strategies share common ground.

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.

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 more than 150 jury trials to verdict, I bring the experience that property crime charges demand — including charges that many people underestimate.

How Does Florida Define Vending Machine and Parking Meter Crimes?

Florida Statute §877.08 addresses crimes involving coin-operated vending machines and parking meters specifically. The statute defines a “coin-operated vending machine” or “parking meter” broadly as any machine or device that operates when a person inserts money, a coin, or another object and then provides the user with food, drink, telephone service, insurance protection, parking privileges, or any other property, service, or right. Because of this broad definition, the statute covers everything from traditional snack machines and laundromat equipment to modern self-service kiosks and automated car washes.

The statute creates two distinct categories of criminal conduct. The first category under §877.08(2) prohibits maliciously or mischievously molesting, opening, breaking, injuring, damaging, or inserting any body part or instrument into a vending machine or parking meter. In other words, this subsection targets vandalism and tampering without regard to whether the person intended to steal anything. The second category under §877.08(3) prohibits the same physical conduct — but adds the element of intent to commit larceny. As a result, this subsection targets people who tamper with machines specifically to steal money or goods from them.

Florida Statute §877.08: Both the tampering offense under subsection (2) and the larceny-intent offense under subsection (3) are second-degree misdemeanors on a first offense. However, §877.08(4) elevates a second or subsequent violation of subsection (3) — the larceny-intent offense — to a third-degree felony. This means that a person with even one prior conviction for vending machine theft faces felony prosecution on a subsequent arrest. At The Brancato Law Firm, P.A., we defend individuals charged under all subsections of §877.08 throughout the 13th Judicial Circuit.

What Is the Difference Between Tampering and Theft?

Understanding the distinction between §877.08(2) and §877.08(3) is critical because the consequences are dramatically different for repeat offenders. Under subsection (2), the State must prove that the defendant maliciously or mischievously tampered with the machine. This subsection does not require any proof of intent to steal. In contrast, subsection (3) requires the State to prove that the defendant acted with the specific intent to commit larceny — meaning the defendant intended to steal money, merchandise, or services from the machine.

Furthermore, the distinction matters enormously at sentencing. A person convicted multiple times under subsection (2) for vandalism faces only misdemeanor penalties each time, regardless of how many prior convictions they have. However, a person convicted a second time under subsection (3) for larceny-intent tampering faces a third-degree felony. Because of this escalation, prosecutors frequently charge defendants under subsection (3) rather than subsection (2) when any evidence of theft exists, since the felony enhancement gives them substantially more leverage.

What Are the Penalties for Vending Machine and Parking Meter Crimes?

The penalties depend on which subsection the State charges and whether the defendant has prior convictions:

Warning: In addition to the penalties under §877.08, defendants frequently face companion charges. For example, prosecutors often file criminal mischief charges under §806.13 alongside vending machine tampering charges. Florida courts have held that these companion charges do not constitute double jeopardy because each statute requires proof of a different element. Similarly, if the value of stolen property exceeds $750, the State may also charge petit theft or grand theft under §812.014, which carries additional penalties. At The Brancato Law Firm, P.A., we evaluate every companion charge and challenge each one independently.

How Do Prosecutors Prove Intent to Commit Larceny?

Because the felony enhancement under §877.08(4) only applies to the larceny-intent offense, the State must prove that the defendant specifically intended to steal. Prosecutors typically establish intent through circumstantial evidence. For instance, finding coins, bills, or merchandise from a machine in the defendant’s possession strongly suggests larceny intent. Similarly, the use of tools designed to manipulate coin mechanisms — such as modified coins, slugs, or pry bars — supports an inference of theft rather than mere vandalism.

However, intent remains the most contested element in these cases. In fact, the Florida Second District Court of Appeal addressed this issue directly in Ingraham v. State, where the defendant challenged a felony vending machine theft conviction because the jury received no specific instruction on intent. The court noted that intent was not a disputed issue at trial because the evidence of theft was overwhelming. In cases where the evidence is less clear, however, challenging the State’s proof of larceny intent is often the most effective defense strategy. Because the difference between subsection (2) and subsection (3) can mean the difference between a misdemeanor and a felony, this element deserves aggressive challenge.

What Defenses Are Available for Vending Machine and Parking Meter Charges?

At The Brancato Law Firm, P.A., we evaluate every aspect of the State’s case. Here are the most effective defense strategies for §877.08 charges:

• No intent to commit larceny. If the State charges the defendant under subsection (3) or seeks the felony enhancement under subsection (4), the defense focuses on disproving larceny intent. If the defendant damaged the machine out of frustration, intoxication, or accident rather than with the specific purpose of stealing, the conduct falls under subsection (2) instead — which carries no felony enhancement regardless of prior convictions.
• No malicious or mischievous conduct. For charges under subsection (2), the State must prove that the defendant acted maliciously or mischievously. If the damage was accidental — for example, a machine malfunctioned and the defendant attempted to retrieve legitimately purchased merchandise — the conduct does not satisfy the statute.
• Ownership or authorization. The statute specifically requires that the machine belong to “another.” If the defendant owned the machine or had authorization from the owner to access it, the statute does not apply. This defense arises in cases involving vending machine operators, maintenance workers, and property owners.
• Challenging the prior conviction for felony enhancement. For the felony enhancement under §877.08(4), the State must prove a prior conviction under subsection (3) specifically. In Brehm v. State, the Florida Third District Court of Appeal voided a conviction because the information failed to allege a prior conviction. If the prior conviction was improperly obtained or lacks documentation, we challenge the enhancement.
• Insufficient identification. Many vending machine and parking meter crimes occur in locations with limited surveillance — parking garages, laundromats, and outdoor areas. If the State cannot prove the defendant was the person who tampered with the machine, the case fails.

What Should You Do If You Are Charged Under §877.08?

If you face charges for tampering with a vending machine or parking meter, take these steps immediately:

1. Take the charge seriously. Although vending machine tampering sounds minor, a second offense with intent to steal is a felony. Furthermore, companion charges for criminal mischief or theft can dramatically increase the overall exposure. Do not assume the case will simply go away.
2. Do not speak with investigators. Law enforcement may ask you to explain what you were doing near the machine, what tools you had, or whether you took anything. Every statement you make becomes evidence. Invoke your right to remain silent and contact an attorney.
3. Preserve evidence of legitimate purpose. If you had a lawful reason for interacting with the machine — for example, attempting to retrieve a product that the machine failed to deliver — preserve any receipts, transaction records, or witness contact information. This evidence directly supports the defense.
4. Contact a defense attorney before your court date. If you have been arrested and booked at Orient Road Jail or Falkenburg Road Jail, your first appearance at the Hillsborough County Courthouse happens within 24 hours. An experienced attorney can argue for favorable bond conditions and identify the strongest defense from the start.

Frequently Asked Questions About Vending Machine and Parking Meter Crimes

Is vending machine theft a felony in Florida?

It depends on the defendant’s criminal history. A first offense under §877.08(3) — tampering with intent to steal — is a second-degree misdemeanor. However, a second or subsequent conviction under that same subsection becomes a third-degree felony under §877.08(4), carrying up to 5 years in prison. Because of this escalation, anyone with a prior vending machine theft conviction faces serious consequences on a new arrest. The Brancato Law Firm, P.A. fights to prevent the felony enhancement in every eligible case.

Can I face charges for trying to get my money back from a broken machine?

In theory, attempting to retrieve money from a malfunctioning machine could lead to a tampering charge under §877.08(2). However, the State must prove that you acted maliciously or mischievously. If you were simply trying to recover your own money after the machine failed to deliver the product you paid for, the defense focuses on negating the malicious intent element. In addition, evidence of the machine malfunction — such as other complaints, maintenance records, or video showing the failed transaction — strengthens this defense considerably.

Companion Charges and Related Offenses

Can prosecutors charge both criminal mischief and vending machine tampering?

Yes — Florida courts have specifically held that criminal mischief under §806.13 and vending machine tampering under §877.08(2) do not constitute double jeopardy because each offense requires proof of a different element. As a result, prosecutors frequently file both charges based on the same incident. Tampa criminal defense attorney Rocky Brancato challenges each charge independently and identifies any weaknesses in the State’s proof.

What if the value of stolen items exceeds $750?

If the value of the stolen money or merchandise exceeds $750, the State may also charge grand theft under §812.014, which is a third-degree felony on its own. Similarly, if the damage to the machine exceeds $1,000, criminal mischief charges escalate from a misdemeanor to a felony. Because these companion charges carry their own penalties, the total exposure can be substantially higher than what §877.08 alone provides.

Hiring a Defense Attorney

Why do I need a lawyer for a misdemeanor vending machine charge?

Even a misdemeanor conviction creates a permanent criminal record that appears on background checks for employment, housing, and professional licensing. Furthermore, a misdemeanor conviction under §877.08(3) establishes the prior conviction that prosecutors need to charge a felony on any future incident. An experienced defense attorney can often negotiate a resolution that avoids a conviction entirely — such as a diversion program or a reduction to a civil penalty. The Brancato Law Firm, P.A. has defended property crime cases in Hillsborough County for more than 25 years.

How much does it cost to defend a vending machine or parking meter charge?

Fees depend on the complexity of the case, the specific charges filed, and whether the State seeks the felony enhancement. 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

Vending machine and parking meter charges may sound minor, but the consequences are real — especially if the State seeks the felony enhancement under §877.08(4) or files companion charges for criminal mischief or theft. A felony conviction carries up to 5 years in prison and a permanent criminal record that follows you for life. However, these cases are highly defensible when the right attorney challenges the State’s proof of intent, the validity of prior convictions, and the sufficiency of identification evidence. Rocky Brancato has defended property crime cases in Hillsborough County for more than 25 years, and we know how to fight for the best possible outcome.

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 always available 24/7 and serve clients throughout Hillsborough, Pinellas, and Pasco Counties.

For more about how we defend property crime charges, visit our Property Crimes practice page. You may also find our posts on theft charges in Florida and criminal mischief in Florida helpful because these offenses frequently accompany vending machine and parking meter charges.

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.

I’m Tampa criminal defense attorney Rocky Brancato. With more than 25 years defending felony cases in Hillsborough County — and more than 150 jury trials to verdict — I have handled burglary charges at every level, from vehicle break-ins to occupied dwelling cases carrying life sentences.

How Does Florida Law Define Burglary?

Under Florida law (§810.02), burglary means entering a dwelling, structure, or conveyance with the intent to commit a crime inside — unless the premises are open to the public or you had permission to enter. However, burglary also covers situations where you had permission to enter but then remained after that permission ended, specifically if you stayed surreptitiously with criminal intent, or stayed after someone told you to leave.

Florida Statute §810.02: The State must prove two things — (1) you entered or unlawfully remained in a dwelling, structure, or conveyance, and (2) you intended to commit a crime inside. Without proving both elements beyond a reasonable doubt, the burglary charge fails. This is where The Brancato Law Firm, P.A. focuses the defense.

It is important to understand what these terms mean in Florida law. A “dwelling” includes any building with a roof that someone uses for overnight lodging. A “structure” includes any building of any kind — a store, a warehouse, a shed. A “conveyance” means any vehicle, boat, trailer, or aircraft. Because the definitions are broad, prosecutors apply burglary charges to a wide range of situations.

What Is the Difference Between Burglary and Trespass in Florida?

The critical difference is intent. Burglary (§810.02) requires proof that you entered with the intent to commit a crime inside. Trespass (§810.08) only requires proof that you entered without permission. In other words, if you walked into someone’s garage without permission but had no intent to steal anything, the State should charge trespass — not burglary.

This distinction matters enormously because prosecutors frequently overcharge. At The Brancato Law Firm, P.A., we challenge the intent element in every burglary case — because if the State cannot prove what you intended to do inside, the burglary charge should fall to trespass.

What Are the Penalties for Burglary in Florida?

Burglary penalties in Florida depend on the type of location, whether anyone was inside, and whether violence or weapons were involved. Here is how the charges break down.

First-Degree Burglary (Up to Life in Prison)

Warning: Under §810.02(2), burglary becomes a first-degree felony punishable by life in prison if you committed an assault or battery during the burglary, if you armed yourself with a dangerous weapon or explosives, or if you used a vehicle to damage the dwelling or caused more than $1,000 in property damage. First-degree burglary also applies when the offense occurs during a state of emergency or riot.

Second-Degree Burglary (Up to 15 Years)

Burglary is a second-degree felony under §810.02(3) when there is no assault, battery, or weapon — but the target is an occupied dwelling, an occupied structure, an occupied conveyance, an emergency vehicle, or a location where the intent was to steal controlled substances. A second-degree felony carries up to 15 years in prison and a $10,000 fine. Furthermore, if the burglary occurs during a riot or state of emergency, the charge jumps to a first-degree felony.

Third-Degree Burglary (Up to 5 Years)

Burglary of an unoccupied structure or an unoccupied conveyance — with no assault, battery, or weapon — is a third-degree felony under §810.02(4). It carries up to 5 years in prison and a $5,000 fine. Although this is the lowest burglary classification, it is still a felony conviction that stays on your record permanently unless you qualify for sealing or expungement.

What About Trespass Charges in Florida?

If the State cannot prove criminal intent inside the location, the charge drops to trespass. However, trespass penalties vary depending on the circumstances:

At The Brancato Law Firm, P.A., we often negotiate burglary charges down to trespass — which means the difference between a felony record and a misdemeanor that may be eligible for sealing.

Can You Be Charged for Possessing Burglary Tools in Florida?

Yes. Under §810.06, possession of burglary tools is a separate third-degree felony. The State must prove you possessed any tool, machine, or device with intent to use it to commit burglary or trespass. The key word is intent — simply having a screwdriver or flashlight is not a crime. The State must connect the tool to a specific criminal plan.

Florida courts have thrown out burglary tools charges when the State failed to prove the defendant intended to use the item for entry. For instance, courts have ruled that gloves, a shirt, and even a miner’s light do not qualify as burglary tools without evidence of intent. Because of this, we challenge burglary tools charges aggressively at The Brancato Law Firm, P.A. — and we often get them dismissed.

How We Fight Burglary Charges in Tampa

Because I served as Chief Operations Officer and Chief Assistant Public Defender of the Hillsborough County Public Defender’s Office, I have seen thousands of burglary cases from the inside. I know how prosecutors build these cases, and I know where they fall apart. Here is how we defend burglary charges at The Brancato Law Firm, P.A.:

• Challenge the intent element. If the State cannot prove what crime you intended to commit inside, the burglary charge fails. We investigate whether the evidence actually supports criminal intent — or whether it only proves you were present.
• Attack the “entry” or “remaining” element. If you had permission to enter and the State cannot prove that permission ended, the burglary charge has a fatal flaw.
• Suppress illegally obtained evidence. If law enforcement found you inside because of an illegal search, a warrantless entry, or a coerced confession, we file motions to suppress that evidence before trial.
• Negotiate for reduced charges. When the facts support it, we push to reduce burglary to trespass — transforming a felony into a misdemeanor. This strategy can save you years in prison and protect your record.
• Fight at trial. With more than 150 jury trials, I have the courtroom experience to take burglary cases to verdict when the State overcharges or relies on weak evidence.

Real Case Results: Property Crime Defense

Reduced — Armed Burglary to Armed Trespass (High-Profile Case)
Our client entered an occupied home while armed — not realizing the homeowner was inside. The homeowner treated him with kindness, gave him food and drink, and he eventually fell asleep. The State charged armed burglary, which carried a potential life sentence. Rocky took the case to trial, and the jury returned a verdict of armed trespass — avoiding a life sentence entirely.
Past results do not guarantee future outcomes.

Not Guilty — Burglary of a Dwelling and Criminal Mischief (Friend’s Home)
Our client was accused of breaking into a friend’s home, stealing speakers, and causing damage inside the residence. The stolen speakers were found in his possession at his own home. Despite this, Rocky developed questions at trial about how the client obtained the speakers lawfully — and the jury returned Not Guilty on both burglary of a dwelling and criminal mischief.
Past results do not guarantee future outcomes.

Not Guilty — Burglary of a Structure (Shed)
Our client was charged with burglary of a structure after being accused of breaking into a shed. Rocky took the case to trial and established reasonable doubt about who committed the burglary. Not Guilty.
Past results do not guarantee future outcomes.

Can Burglary Charges Be Dropped or Reduced in Florida?

Yes — and the most common path is challenging the intent element. If the State cannot prove you entered with the intent to commit a specific crime, the charge can fall to trespass. Similarly, if the evidence came from an illegal search or an unreliable witness, the entire case may collapse. Here are the most effective strategies:

• Lack of intent. You entered the location but had no plan to commit a crime inside. Without proof of intent, the burglary charge fails.
• Consent or permission. You had permission to be in the dwelling, structure, or vehicle. If the State cannot prove your permission ended, there is no unlawful entry.
• Mistaken identity. Someone else committed the burglary, and the State cannot reliably place you at the scene.
• Suppression of evidence. If police violated your constitutional rights — through an illegal traffic stop, a warrantless search, or a coerced statement — we move to exclude that evidence.
• Pre-file advocacy. If you contact The Brancato Law Firm, P.A. before formal charges are filed, we can present mitigating evidence to the intake prosecutor at the State Attorney’s Office, 13th Judicial Circuit. In some cases, this prevents the charge entirely.

What Should You Do After a Burglary Arrest in Tampa?

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

1. Stay silent. Do not explain why you were at the location. Do not give law enforcement a statement. Anything you say will become evidence.
2. Call an attorney before your first appearance. Your first court hearing at the Hillsborough County Courthouse happens within 24 hours. Having a lawyer at that hearing can mean the difference between a reasonable bond and being held without bond.
3. Do not talk about the case on jail phones. Every call from Orient Road and Falkenburg is recorded. These recordings are admissible at trial.
4. Secure evidence quickly. Surveillance footage, text messages, and GPS data disappear fast. Your attorney needs to preserve this evidence before it is gone.

Frequently Asked Questions About Burglary in Florida

Is burglary always a felony in Florida?

Yes. Under §810.02, every burglary charge in Florida is a felony — either first degree (up to life), second degree (up to 15 years), or third degree (up to 5 years). There is no misdemeanor burglary in Florida. However, if the State cannot prove intent, the charge may drop to trespass, which is typically a misdemeanor. The Brancato Law Firm, P.A. fights to reduce burglary charges whenever the facts support it.

What is the difference between burglary and breaking and entering in Florida?

Florida does not have a separate “breaking and entering” charge. The crime is called burglary under §810.02, and it does not require “breaking” anything — simply entering without permission with criminal intent is enough. Many people assume you have to force entry, but that is not how the law works in Florida.

Can you get probation for burglary in Florida?

It depends on the degree. Third-degree burglary (unoccupied structure or vehicle) often qualifies for probation, especially for first-time offenders. Second-degree and first-degree burglary carry minimum mandatory guidelines that make probation harder to achieve — but downward departures are possible when the defense presents strong mitigating evidence. Tampa criminal defense attorney Rocky Brancato evaluates every case for departure opportunities.

More Questions About Burglary and Trespass

What counts as a “structure” for burglary charges in Florida?

Under Florida law, a “structure” means any building of any kind — including stores, warehouses, sheds, fenced areas, and even tents or temporary shelters. The definition is intentionally broad, which means prosecutors can charge burglary in situations many people would not expect.

What happens if you are caught with burglary tools in Florida?

Possession of burglary tools (§810.06) is a third-degree felony carrying up to 5 years in prison. However, the State must prove you intended to use the tool for burglary or trespass. Simply having a screwdriver, flashlight, or gloves is not enough. At The Brancato Law Firm, P.A., we challenge the intent element and have gotten these charges dismissed.

Hiring a Burglary Defense Attorney

What experience does Rocky Brancato have with burglary defense?

Rocky Brancato has defended burglary cases for over 25 years in the 13th Judicial Circuit. As the former Chief Operations Officer of the Hillsborough County Public Defender’s Office, he managed the attorneys handling the highest-volume felony docket in the circuit — including thousands of burglary cases. He holds an AV Preeminent rating from Martindale-Hubbell, Super Lawyers recognition, and perfect 10.0 ratings on both Justia and Avvo.

How much does a burglary defense lawyer cost in Tampa?

Fees depend on the degree of the burglary charge, 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 what you are facing before making any commitment. Call (813) 727-7159 to discuss your case.

You Are Reading This for a Reason — Let Us Help

If you are facing burglary charges in Tampa, you know the stakes are serious. Even a third-degree burglary conviction means a permanent felony record. We have spent more than 25 years fighting property crime charges in Hillsborough County, and we know how to challenge the intent element, suppress illegally obtained evidence, and negotiate charges down when the State overreaches.

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 — including pre-file advocacy that may prevent formal charges entirely.

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 serious criminal charges, visit our Violent Crimes practice page. You can also read our guide on What Is Robbery in Florida? — robbery and burglary charges frequently overlap, and the defense strategies share common ground.

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.

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, Super Lawyers recognition, and more than 150 jury trials to verdict, I bring the experience that alcohol-related criminal charges demand.

How Does Florida Criminalize Selling Alcohol to Minors?

Under §562.11(1), it is illegal for any person to sell, give, serve, or permit to be served alcoholic beverages to a person under 21 years of age. The statute also prohibits allowing a minor to consume alcoholic beverages on a licensed premises. This applies not only to bartenders and servers but also to business owners, managers, and anyone who provides alcohol to a minor in any setting — including at private parties and social gatherings. In Hillsborough County, these charges often arise from compliance checks conducted by law enforcement, where underage operatives attempt to purchase alcohol at licensed establishments.

Florida Statute §562.11: A first offense for selling or providing alcohol to a minor is a second-degree misdemeanor carrying up to 60 days in jail and a $500 fine. However, a second offense within one year escalates to a first-degree misdemeanor carrying up to 1 year in jail and a $1,000 fine. The Christopher Fugate Act (§562.11(1)(b)) creates additional penalties specifically for licensees who provide alcohol to employees under 21 — this is automatically a first-degree misdemeanor even on a first offense. At The Brancato Law Firm, P.A., we defend both individuals and businesses against these charges.

The statute also covers the other side of the transaction. Under §562.11(2), it is illegal for any person to misrepresent their age to induce a licensee to serve alcohol, and it is illegal for anyone under 21 to purchase or attempt to purchase alcoholic beverages. If you are a minor who used a fake ID to buy alcohol, you also face a second-degree misdemeanor charge — and if you used a Florida driver’s license or ID card, the court may order up to 40 hours of community service.

What Is Unlicensed Sale of Alcohol Under §562.12?

Florida law requires a license to sell alcoholic beverages, and selling without one carries serious consequences. Under §562.12(1)(a), selling alcohol without a license — or selling in a manner not permitted by your license — is a second-degree misdemeanor.

However, the penalties escalate dramatically if the unlicensed sales occur at a commercial establishment. Under §562.12(1)(b), anyone who unlawfully sells alcohol at a commercial establishment or maintains a place for unlawful alcohol sales commits a third-degree felony carrying up to 5 years in prison, plus a mandatory fine between $5,000 and $10,000. A second or subsequent offense under this provision jumps to a second-degree felony with up to 15 years in prison and a mandatory fine between $15,000 and $20,000.

These charges frequently arise from sting operations, undercover investigations, and routine inspections by the Florida Division of Alcoholic Beverages and Tobacco. In many cases, the business owner believed they had proper licensing or did not realize their license did not cover the specific type of sale at issue. Furthermore, the 2024 amendments to §562.12 significantly increased the penalties for commercial establishment violations, making aggressive defense more important than ever. At The Brancato Law Firm, P.A., we challenge both the investigation methods and the sufficiency of the evidence in these cases.

What Are the Penalties for Alcohol Offenses in Florida?

The penalties depend on the specific offense and whether prior convictions exist:

Warning: Beyond criminal penalties, alcohol license holders face administrative consequences from the Florida Division of Alcoholic Beverages and Tobacco. A single violation can result in license suspension or revocation — effectively shutting down the business. Furthermore, if a minor is injured after consuming alcohol you provided, you may face civil liability for damages. At The Brancato Law Firm, P.A., we fight to protect both your freedom and your livelihood.

What Defenses Are Available for Alcohol Offense Charges?

These charges are defensible, and the statutes themselves provide several important defenses. Here are the strategies we use at The Brancato Law Firm, P.A.:

• Good faith ID check defense. Under §562.11(1)(c) and (d), a complete defense exists if the minor falsely presented themselves as 21 or older, the minor’s appearance supported that representation, and you carefully checked a valid form of identification — including a driver’s license, state ID, passport, or military ID — and acted in good faith. This statutory defense exists specifically to protect responsible servers and businesses.
• No knowledge of age. If you had no reason to know the person was under 21 — and the minor’s appearance, behavior, and identification all suggested they were of legal age — the charge lacks the intent the State must prove.
• Entrapment. For charges arising from sting operations, we examine whether the investigation used minors who appeared older than 21, whether officers used deceptive tactics that induced the offense, or whether the operation targeted the defendant unfairly.
• Licensing challenges. For §562.12 charges, we review whether the defendant actually lacked the proper license, whether the license covered the type of sale at issue, or whether a licensing error by the state created the violation.
• Constitutional violations. If officers entered the premises without a warrant, conducted an unlawful search, or violated the defendant’s rights during the investigation, we move to suppress the evidence.

What Should You Do If You Are Charged with an Alcohol Offense?

If you or your business faces alcohol-related criminal charges, take these steps immediately:

1. Do not speak with investigators without an attorney. The Division of Alcoholic Beverages and Tobacco and law enforcement will investigate aggressively. Anything you say about your knowledge of the buyer’s age or your licensing status becomes evidence.
2. Preserve ID verification records. If you checked identification before serving the minor, preserve all records of that check — including surveillance footage, receipts, and any documentation of your verification process.
3. Contact a defense attorney before any hearing. Administrative proceedings with the Division move quickly and can result in license suspension before the criminal case is resolved. An attorney can represent you in both the criminal case and the administrative proceeding simultaneously, ensuring that a statement made in one proceeding does not undermine the defense in the other.
4. Do not admit the violation to regulators. Admissions made during administrative investigations can carry over to criminal proceedings. Assert your rights and consult experienced criminal defense counsel before making any statements.

Frequently Asked Questions About Alcohol Offenses in Florida

Can a bartender go to jail for serving a minor?

Yes. Under §562.11, any person — including a bartender, server, or manager — who sells, gives, or serves alcohol to a person under 21 faces criminal charges. A first offense is a second-degree misdemeanor carrying up to 60 days in jail. However, the good faith ID check defense protects servers who carefully verified the buyer’s age. The Brancato Law Firm, P.A. defends servers and businesses throughout Hillsborough, Pinellas, and Pasco Counties.

Is selling alcohol without a license a felony?

It depends on the circumstances. A general unlicensed sale is a second-degree misdemeanor. However, if the unlicensed sales occur at a commercial establishment, the charge becomes a third-degree felony with mandatory fines starting at $5,000. A second offense at a commercial establishment is a second-degree felony. Tampa criminal defense attorney Rocky Brancato evaluates the specific facts to determine the strongest defense strategy.

More Questions About Alcohol Offenses

What if the minor used a fake ID?

If the minor presented a fake ID and you carefully checked it in good faith, §562.11 provides a complete defense to criminal liability. The key is demonstrating that you actually examined the identification — not that you merely glanced at it — and that the minor’s appearance was consistent with the age represented. The statute specifically lists acceptable forms of identification: a driver’s license, state ID card, passport, or U.S. military ID. At The Brancato Law Firm, P.A., we build the strongest possible case around this statutory defense.

Can alcohol offense charges be dismissed?

Yes. If the State cannot prove you knew the buyer was under 21, if you relied on a valid-appearing identification in good faith, or if the investigation involved constitutional violations, the charges can be dismissed. In addition, for licensing violations, we examine whether the licensing deficiency was the result of administrative error rather than intentional unlawful sales. We pursue dismissal at every stage of the criminal case.

Hiring a Defense Attorney

What experience does Rocky Brancato have with alcohol offense cases?

Rocky Brancato has defended criminal cases in Hillsborough County for more than 25 years, including cases involving business owners, servers, and individuals charged under Florida’s alcohol statutes. With more than 150 jury trials to verdict and an AV Preeminent rating, The Brancato Law Firm, P.A. brings the experience these cases require.

How much does it cost to defend an alcohol offense charge?

Fees depend on whether the charge is a misdemeanor or felony, whether administrative proceedings are involved, and the overall complexity of the evidence. 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 or your business faces alcohol offense charges, the consequences extend far beyond criminal penalties — your business license, your livelihood, and your reputation are all at stake. However, these charges are defensible, and the statutes provide specific protections for individuals and businesses that acted in good faith. In fact, the good faith ID check defense under §562.11 exists specifically because the legislature recognized that responsible servers and businesses should not face criminal liability when minors use deception. Rocky Brancato has defended criminal cases in Hillsborough County for more than 25 years, and we know how to use every available defense to protect our clients.

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 criminal charges, visit our Violent Crimes practice page. You can also read our guide on What Is Disorderly Conduct in Florida? — because alcohol-related charges often accompany disorderly intoxication and other public-order offenses.

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.