Last updated November 2025
If you’ve been arrested for burglary, your first question is probably: How serious is this?
In short — very serious. Most burglary charges in Florida are felonies, not misdemeanors, and can carry years in prison. But not every allegation meets the legal standard — and not every case is what it seems.
📜 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.”
This includes:
Breaking into a home (even with the door unlocked)
Entering a car, shed, garage, or business with intent to steal
Remaining in a place after permission was withdrawn
🧾 Is Burglary a Felony or Misdemeanor?
In Florida, burglary is almost always a felony — but the level depends on the circumstances:
| Type | Charge | Penalty |
|---|---|---|
| Burglary of an unoccupied structure | 3rd-degree felony | Up to 5 years prison |
| Burglary of a dwelling | 2nd-degree felony | Up to 15 years prison |
| Burglary with assault, battery, or armed | 1st-degree felony | Up to life in prison |
🚫 There is no misdemeanor burglary in Florida — but related charges like trespass or attempted burglary might qualify if facts support a reduction.
🛡️ Legal Defenses to Burglary Charges
As a former prosecutor, Michael White knows what it takes to beat these charges — or get them reduced early.
🔹 No Intent to Commit a Crime
Entering a building isn’t burglary unless you intended to commit a crime inside. If intent is unclear, the State may have no case.
🔹 Consent or Invitation
If you were invited or allowed inside — or reasonably believed you were — burglary cannot be proven.
🔹 Wrong Person
Many arrests rely on vague witness descriptions or grainy security footage. We challenge unreliable IDs and false accusations.
🔹 Charge Reduction to Trespass
With strong negotiation or evidentiary issues, we often push for lesser charges that avoid a felony record.
✅ Why Clients Hire Michael White
✅ Former prosecutor with burglary and property crime trial experience
✅ Strategic pretrial motions and factual investigations
✅ Respected by judges and prosecutors across South Florida
✅ Focused on dismissal, reduction, or diversion — not just damage control
📞 Burglary Charges in Florida Don’t Always Lead to Prison — But You Must Act Fast.
Let us fight for your freedom and your future.
👉 Learn how we defend burglary and other property crimes cases in Florida
❓ 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.