Florida criminal charge
Breaking or injuring fences in Florida
Breaking or injuring fences is a criminal offense under Florida law, defined by Fla. Stat. § 810.115. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 810.115.
What is the penalty for breaking or injuring fences in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Breaking or injuring fences — first offense — A person who willfully and maliciously breaks, mars, injures, defaces, cuts, or otherwise creates a gap or break in a fence enclosing land not their own commits this offense on a first offense.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Breaking or injuring fences — first offense — A person who willfully and maliciously breaks, mars, injures, defaces, cuts, or otherwise creates a gap or break in a fence enclosing land not their own commits this offense on a first offense.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Breaking or injuring fences — second or subsequent offense — A person who commits a second or subsequent offense of breaking or injuring a fence under subsection (1) commits this elevated offense.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Breaking or injuring fences — second or subsequent offense — A person who commits a second or subsequent offense of breaking or injuring a fence under subsection (1) commits this elevated offense.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Breaking or injuring fences containing animals — If the fence broken or injured as described in subsection (1) is used to contain animals at the time of the offense, the offender commits this offense.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Breaking or injuring fences containing animals — If the fence broken or injured as described in subsection (1) is used to contain animals at the time of the offense, the offender commits this offense.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is breaking or injuring fences classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Breaking or injuring fences — first offense | Misdemeanor of the First Degree | A person who willfully and maliciously breaks, mars, injures, defaces, cuts, or otherwise creates a gap or break in a fence enclosing land not their own commits this offense on a first offense. | Fla. Stat. § 810.115(1) |
| Breaking or injuring fences — second or subsequent offense | Felony of the Third Degree | A person who commits a second or subsequent offense of breaking or injuring a fence under subsection (1) commits this elevated offense. | Fla. Stat. § 810.115(1) |
| Breaking or injuring fences containing animals | Felony of the Third Degree | If the fence broken or injured as described in subsection (1) is used to contain animals at the time of the offense, the offender commits this offense. | Fla. Stat. § 810.115(2) |
Common questions about breaking or injuring fences in Florida
Is breaking or injuring fences a felony or a misdemeanor in Florida?
It depends on the circumstances: breaking or injuring fences ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 810.115.
Breaking or injuring fences — first offense: Misdemeanor of the First Degree (Fla. Stat. § 810.115(1)) · Breaking or injuring fences — second or subsequent offense: Felony of the Third Degree (Fla. Stat. § 810.115(1)) · Breaking or injuring fences containing animals: Felony of the Third Degree (Fla. Stat. § 810.115(2))
What are the penalties for breaking or injuring fences in Florida?
Penalties for breaking or injuring fences in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Third Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers breaking or injuring fences?
Breaking or injuring fences is governed by Fla. Stat. § 810.115 (Breaking or injuring fences).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.