Florida Statute §810.02 | Classification: Third-Degree Felony to Life Felony (depending on circumstances)
What Is This Charge?
Burglary in Florida is entering or remaining in a dwelling, structure, or conveyance with the intent to commit a crime inside. Florida law does not require that the intended crime actually be carried out — the unlawful entry combined with criminal intent is sufficient for a burglary charge.
Penalties & Fines
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Unoccupied structure or conveyance: Third-Degree Felony — up to 5 years, $5,000 fine
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Occupied structure or conveyance: Second-Degree Felony — up to 15 years, $10,000 fine
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Dwelling (home), whether occupied or not: Second-Degree Felony — up to 15 years
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Burglary with assault, battery, or while armed: First-Degree Felony — up to 30 years
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Burglary with a firearm: triggers 10-20-Life mandatory minimum sentencing
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Home invasion robbery: may be charged as a Life Felony
Additional Consequences
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Permanent felony record
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Restitution to the property owner
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Loss of firearms rights
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Immigration consequences for non-citizens
Possible Defenses
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You had permission to enter the property
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No criminal intent existed at the time of entry
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The structure does not qualify as a dwelling under the statute
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Mistaken identity
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Insufficient evidence of intent
Why You Need a Defense Attorney
Burglary is a complex charge requiring the State to prove both unlawful entry AND intent to commit a crime. These are two separate elements that must both be established beyond a reasonable doubt. An experienced attorney will challenge both elements, examine surveillance footage, review witness statements, and assess whether any consent or lawful authority existed.
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