Last updated February 2026
If you’ve been arrested for burglary in Florida, the stakes are high from the start. Burglary is always charged as a felony under Florida law, and a conviction can carry years in prison, felony probation, and a permanent criminal record.
That said, not every burglary arrest results in a conviction. Many cases turn on whether prosecutors can actually prove the required intent, lawful entry issues, or reliable identification.
Burglary is one of several serious property crimes prosecuted in Florida. For an overview of how burglary, trespassing, and property damage charges are handled together, see our Property Crimes Defense guide.
If you’re looking for a detailed breakdown of how Florida law defines burglary — including “entry,” “remaining,” and curtilage issues — see our guide to Florida Burglary Laws Explained.
📜 What Is Burglary in Florida?
Under Florida Statute § 810.02, burglary means:
Entering a dwelling, structure, or conveyance with the intent to commit an offense therein, unless the premises are open to the public or the defendant is licensed or invited.
What Is a Conveyance in Florida Burglary Cases?
Under Florida law, a “conveyance” generally means a **vehicle**. This includes cars, trucks, motorcycles, boats, trailers, and other forms of transportation.
Burglary of a conveyance typically involves allegations that someone entered a vehicle with the intent to commit a crime inside, such as theft. Importantly, a vehicle does not need to be locked for burglary charges to apply — intent at the time of entry is the key factor.
Burglary charges can arise from situations such as:
Entering a home, even if no force was used
Entering a car, garage, shed, or business with alleged intent to steal
Remaining inside a location after permission was withdrawn
Entering property that was not open to the public
🧾 Is Burglary a Felony in Florida?
Yes. All burglary charges in Florida are felonies.
There is no misdemeanor burglary under Florida law.
However, the degree of the felony depends on where the alleged entry occurred and whether aggravating factors are present.
Burglary Penalties in Florida
| Type of Burglary | Charge Level | Maximum Penalty |
|---|---|---|
| Burglary of an unoccupied structure or conveyance | Third-degree felony | Up to 5 years in prison |
| Burglary of a dwelling | Second-degree felony | Up to 15 years in prison |
| Burglary with assault, battery, or a weapon | First-degree felony | Up to life in prison |
If the State cannot prove burglary, prosecutors may attempt to pursue lesser charges, such as trespass, depending on the facts.
🔎 Types of Burglary Cases We Defend
Florida burglary charges vary depending on the location, allegations, and surrounding circumstances. We regularly defend cases involving:
• Burglary of a Dwelling (homes and residences)
• Burglary of a Structure (businesses, garages, storage units)
• Burglary of a Conveyance (vehicles, boats, trailers)
• Burglary While Armed
• Burglary With Assault or Battery
• Allegations based on “remaining after permission was withdrawn”
Each type carries different sentencing exposure and strategic considerations. The classification often determines whether a case is eligible for reduction, diversion, or aggressive litigation.
🛡️ Common Legal Defenses to Burglary Charges
As a former prosecutor, Michael White understands how burglary cases are charged — and where they often fall apart.
Common defenses include:
🔹 Lack of Intent
Burglary requires intent to commit a crime at the time of entry. Simply being inside a building or vehicle is not enough. If intent cannot be proven beyond a reasonable doubt, the burglary charge fails.
🔹 Consent or Lawful Entry
If you were invited, licensed, or reasonably believed you had permission to enter, burglary cannot be established under Florida law.
🔹 Mistaken Identity
Burglary arrests frequently rely on vague witness descriptions, nighttime observations, or low-quality surveillance footage. These identifications are often unreliable and aggressively challenged.
🔹 Reduction to Trespass
When evidence of intent is weak, burglary charges are often reduced to trespass, avoiding a felony conviction.
Because burglary cases often turn on technical legal definitions — particularly intent and authorization — early investigation and motion practice frequently determine whether a case proceeds or collapses.
🚨 Burglary With Assault or Battery
Burglary becomes dramatically more serious when prosecutors allege that an assault, battery, or weapon was involved during the entry or while inside the premises.
These cases are typically charged as first-degree felonies punishable by life, and they may be treated as non-bondable at first appearance.
In many cases, the real dispute centers on:
Whether an assault actually occurred
Whether a weapon was truly used or displayed
Whether the alleged victim’s account is reliable
👉 For a detailed breakdown of how these life-level charges are defended, see our guide to Burglary With Assault or Battery in Florida.
👨⚖️ Burglary Defense Lawyer in Fort Lauderdale
At Michael White, P.A., we defend clients facing burglary charges throughout Fort Lauderdale and Broward County. Our approach focuses on early intervention, factual investigation, and aggressive pretrial advocacy aimed at dismissal, reduction, or diversion whenever possible.
📞 Burglary charges don’t automatically mean prison — but you must act fast.
Call (954) 270-0769 or request a free consultation to protect your future.
❓ Frequently Asked Questions
👨⚖️ Is burglary always a felony in Florida?
Yes. All burglary charges are felonies, though the level (third, second, or first-degree) depends on the circumstances.
🔐 What’s the difference between burglary and trespass?
Trespass involves entering or remaining without permission — but without criminal intent. Burglary requires intent to commit a crime inside.
📹 Can I be charged if I didn’t steal anything?
Yes. The law only requires intent to commit a crime, not that anything was actually taken.
🚓 What if the building wasn’t locked?
It doesn’t matter. Burglary charges can still apply even if no forced entry occurred — especially if it’s a home.
📂 Can burglary charges be reduced or dismissed?
Often, yes. We’ve helped many clients get burglary charges reduced to trespass or resolved through diversion.