Property Crimes Lawyer in Tampa

Property Crimes Lawyer in Tampa

What Property Crimes are Commonly Prosecuted in Tampa, Florida?

The most commonly prosecuted property crimes in the Hillsborough County courts are theft, burglary, criminal mischief, and trespassing.

Arrests for property crimes are extremely common in Tampa, Florida.  Tampa property crime cases can begin in a variety of ways.  For example, sometimes people are charged with theft while leaving a mall or department store.  Other times, a person may be charged with criminal mischief when police allege that they have intentionally damaged someone else’s property.

An experienced Tampa property crimes attorney can fight to protect your rights.  Tampa property crimes lawyer David C. Hardy is a former prosecutor that has extensive experience handling Tampa property crime cases in the Hillsborough County Courts.

Why is it Important to get the Best Tampa Property Crimes Lawyer to Handle Your Case?

If you have been accused of a property crime in Tampa Florida, you need a highly experienced Tampa criminal defense attorney.   Property crimes in Tampa can have extremely serious consequences, including a permanent criminal record, months or years of probation, driver’s license suspension, and in some cases jail or prison time.

Theft Charges in Tampa Florida

One type of property crime is theft.  A common example of theft crimes in Tampa is one person stealing another person’s property with the intent to keep it.  However, theft crimes also include instances in which one person takes another person’s property without permission, uses it, and then returns it.  In the Hillsborough County courts, two of the most commonly charged theft offenses are petit theft and grand theft.

Burglary Charges in Tampa Florida

In the Hillsborough County courts, three of the most commonly charged burglary offenses are burglary of a conveyance, burglary of a structure, and burglary of a dwelling.

While most people think of burglary as a charge involving theft, that is not always the case.  The key to understanding any kind of burglary charge is that all burglaries involve someone entering another’s property with the intent to commit a crime in or on the property.  Sometimes that crime is theft, and sometimes it is another crime, like assault, battery or criminal mischief.

With respect to the offense of burglary of a conveyance, according to Florida law a conveyance is a car, motorcycle, boat, railroad car, trailer, or aircraft.   When a person unlawfully enters a conveyance with the intent to commit a crime inside, that person commits a burglary of a conveyance. For example, if police caught someone breaking into an automobile, they would charge the person with burglary of a conveyance.

With respect to the offense of burglary of a structure, according to Florida law a structure is a building that has a roof over it, and the enclosed space of ground immediately surrounding that structure.  For example, a warehouse is considered a structure.  If the police caught someone breaking into a warehouse, they would charge the person with burglary of a structure.

With respect to the offense of burglary of a dwelling, according to Florida law a dwelling means a building or conveyance that has a roof over it, and is designed for people to sleep there at night, together with the enclosed space of ground immediately surrounding it.  For example, a house or apartment is considered a dwelling.  If the police caught someone breaking into a home, they would charge the person with burglary of a dwelling.

Criminal Mischief Charges in Tampa, Florida

According to Florida law, a person commits the offense of criminal mischief if he or she willfully and maliciously damages property belonging to another.  Examples of criminal mischief are spray painting graffiti on a wall or intentionally scratching a car with a key.

Trespass Charges in Tampa Florida

In the Hillsborough County courts, four of the most commonly charged trespass offenses are trespass on property, trespass on school grounds, trespass in a conveyance, and trespass in a structure.

How Can An Experienced Tampa Property Crimes Lawyer Help You?

There are many possible defenses to a Tampa property crimes accusation, and an experienced property crimes attorney can review your case and develop the best possible defense.  Below are just a few defenses.

An Experienced Tampa Property Crimes Attorney Can File A Motion to Suppress based on a Miranda Violation

Sometimes, the only way the police can establish that a person committed a theft, burglary, criminal mischief, or trespass is by getting a confession from the person.  Police know this, and sometimes, because they are so intent on getting a conviction, they forget to follow the law.

When the police detain and question a suspect, they must read that person his or her Miranda Rights.  If a police officer does not read a suspect his or her Miranda rights before questioning, an experienced Tampa property crimes attorney can file a motion to suppress statements.  Sometimes, the very filing of a motion to suppress can lead to a reduction of the charge or even the dismissal of the case.

If you or a loved made a statement to the police concerning a property crimes investigation, it’s important to speak with an experienced Tampa property crimes attorney so that the attorney can determine whether or not a motion to suppress is appropriate.  Tampa property crimes attorney David C. Hardy is well versed in the law surrounding the Miranda rights.   Call the Hardy Law Firm, P.A. and get help today.

An Experienced Tampa Property Crimes Attorney Can File A Motion to Suppress Based on Lack of Valid Consent to Search

The general rule is that a police officer must get a warrant before he can search a suspect.  However, there are exceptions to this rule.  For example, police can search a suspect if that suspect voluntarily consents to a search.

However, law enforcement officers sometimes make threats or promises to get a suspect to consent to a search.  For example, sometimes a police officer will tell a suspect that if they don’t consent to a search, that they will be arrested.  Other times, a police officer might promise a person that if they consent a search, that they will not be arrested.

When police make threats or promises to get a person to consent to a search, a Tampa property crimes attorney can file a motion to suppress evidence based on coerced (and therefore invalid) consent to search.   Depending on the facts of the case, this could lead to the prosecutor reducing the charge or the judge dismissing case.

Tampa property crimes lawyer David C. Hardy is a former Tampa prosecutor that has extensive experience handling motions related to consent searches.    Call the Hardy Law Firm, P.A. and get help today.

An Experienced Tampa Property Crimes Attorney Can File A Motion to Suppress Based on an Unlawful Detention

Police officers can’t detain people just based on a hunch that the person is committing a crime – police officers must have a reasonable suspicion that the person is committing a crime before they can detain them.

However, sometimes police officers stop and detain people with for little or no reason.  When that happens, a Tampa property crimes attorney can file a motion to suppress and request that the judge exclude any evidence that the police discovered as a result of the unlawful detention.  This could lead to the State Attorney’s Office reducing the charge or the judge dismissing the case.

Tampa property crimes lawyer David C. Hardy is a former Tampa prosecutor that has extensive experience handling property crimes cases and motions to suppress. Call the Hardy Law Firm, P.A. and get help today.

An Experienced Tampa Property Crimes Attorney Can Negotiate With the Prosecutor to Get the Case Reduced or Dismissed

In some cases, a Tampa criminal defense attorney can show the prosecutor mistakes in the police investigation, or point out flaws in the prosecutor’s case.  Though the prosecutor’s case may not fall completely apart, the prosecutor may view the case as weak, and decide to reduce the charges in exchange for a guilty plea.  For example, sometimes a Hillsborough County prosecutor will reduce a grand theft to a petit theft, or a burglary charge to a misdemeanor trespass in exchange for a guilty plea.  A reduction in charge can result in less punishment for the person accused.  In other cases, a Tampa criminal defense lawyer may be able to negotiate an agreement with the Hillsborough County State Attorney’s Office in which the prosecutor agrees to drop the case entirely.

It’s important to remember that every case is different and that no attorney can guarantee you a specific result at the start of a case.   The key to success and your peace of mind is to choose an experienced Tampa property crimes lawyer with whom you feel comfortable.  To learn more about what Attorney David Hardy’s clients are saying about him, check out our client reviews.

An Experienced Tampa Property Crimes Attorney Can Take the Case to Trial

There are times when a case needs to be tried.  For example, if the prosecutor is not willing to reduce or drop the charge, and State’s case is weak, sometimes the only option is to let a judge or jury decide the case.  In situations like this, it’s important to have an experienced criminal defense attorney by your side.

Tampa property crimes lawyer David C. Hardy is a former Tampa prosecutor and experienced criminal defense attorney.  Attorney Hardy is Board Certified as an expert in criminal trial law by both the Florida Bar and the National Board of Trial Advocacy.

Are you looking for the best property crimes defense lawyer in Tampa Florida?

Tampa attorney David C. Hardy is a former prosecutor that now represents persons accused of property crimes.  He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. As a prosecutor and defense attorney, he has extensive experience handling property crimes cases.