Burglary in Florida

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

• Unoccupied structure or conveyance: Third-Degree Felony — up to 5 years, $5,000 fine

• Occupied structure or conveyance: Second-Degree Felony — up to 15 years, $10,000 fine

• Dwelling (home), whether occupied or not: Second-Degree Felony — up to 15 years

• Burglary with assault, battery, or while armed: First-Degree Felony — up to 30 years

• Burglary with a firearm: triggers 10-20-Life mandatory minimum sentencing

• Home invasion robbery: may be charged as a Life Felony

  
  

Additional Consequences

• Permanent felony record

• Restitution to the property owner

• Loss of firearms rights

• Immigration consequences for non-citizens

  
  

Possible Defenses

• You had permission to enter the property

• No criminal intent existed at the time of entry

• The structure does not qualify as a dwelling under the statute

• Mistaken identity

• 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.

Call today for a free consultation: (813) 888-8888  |  Email: erica@fllegaldefense.com

Serving Hillsborough, Pinellas, Pasco, and Polk Counties. Virtual consultations available.