Last updated November 2025
If you’ve been accused of unlawfully entering property in Florida, the exact charge matters a lot. While both burglary and trespassing involve going onto property without permission, the consequences are very different. Knowing the key differences between burglary and trespassing in Florida can help you understand what youโre up against โ and what defenses may apply.
โ๏ธ What Is Burglary in Florida?
Under Florida Statute §810.02, burglary occurs when a person:
Enters a dwelling, structure, or conveyance with the intent to commit an offense inside.
Remains in a dwelling, structure, or conveyance after permission has been withdrawn, intending to commit an offense.
Key Point: The intent to commit another crime (such as theft or assault) is what elevates unlawful entry to burglary.
Penalties:
Burglary of a dwelling: First-degree felony (up to life in prison if aggravated).
Burglary of a structure or conveyance: Third-degree felony (up to 5 years).
๐ท What Is Trespassing in Florida?
Trespassing, under Florida Statute §810.08, is when a person:
Willfully enters or remains in a structure or conveyance without authorization.
Refuses to leave after being warned by the owner or an authorized person.
Key Point: Trespassing does not require intent to commit another crime. Itโs simply being somewhere youโre not legally allowed to be.
Penalties:
Simple trespass: Second-degree misdemeanor (up to 60 days in jail).
Trespass with a firearm or dangerous weapon: Third-degree felony (up to 5 years).
๐ Key Differences Between Burglary and Trespassing
| Factor | Burglary | Trespassing |
|---|---|---|
| Intent | Must intend to commit another crime inside | No intent to commit additional crime required |
| Severity | Always a felony | Often a misdemeanor |
| Example | Entering a home planning to steal | Walking onto private property without permission |
๐ก๏ธ Defending Against These Charges
An experienced defense attorney can explore defenses such as:
Lack of intent (for burglary).
Permission or consent to enter.
Mistaken identity or lack of evidence.
Improper police procedure (illegal search, no probable cause).
๐ Take Action Now
If you’ve been charged with burglary or trespassing in Fort Lauderdale or anywhere in South Florida, the difference between these crimes could change your future. You need a defense attorney who understands how to challenge the State’s case.
๐ Learn more about our Property Crimes Defense services.
๐ Contact Michael White Esq. for Burglary & Trespassing Defense
Q1: Is burglary always a felony in Florida?
Yes. Burglary is classified as a felony, with penalties depending on the circumstances.
Q2: Can trespassing become a felony?
Yes. Trespassing with a firearm or on certain properties (like schools) can be charged as a felony.
Q3: What if I didn’t steal anything?
Burglary doesn’t require theft โ only intent to commit another crime after entering.
Q4: Can I be arrested for trespassing without warning?
Yes. Entry without authorization is enough, though refusing to leave after being warned can also lead to charges.
Q5: How can a lawyer help fight these charges?
A defense lawyer can challenge intent, show consent, attack the State’s evidence, or move to suppress unlawfully obtained evidence.