🚨 Arrested for Burglary in Florida?
Burglary is a serious felony in Florida—even if nothing was taken.
Whether you’re accused of breaking into a home, business, or car, prosecutors treat burglary cases as a major offense. But the law is more complex than most people think. Here’s what to know about Florida burglary laws and how to fight the charges.
⚖️ Legal Definition of Burglary in Florida
Under Florida Statute § 810.02, burglary is defined as:
“Entering a dwelling, structure, or conveyance with the intent to commit an offense therein…”
It can also include remaining inside after permission is withdrawn.
You don’t need to break a window or pick a lock to be charged—entering through an unlocked door can be enough if intent to commit a crime is alleged.
📋 Degrees of Burglary
🔹 Third-Degree Felony Burglary
Example: Entering a business to steal after hours (no weapon, no confrontation)
Penalties: Up to 5 years in prison, 5 years probation, and $5,000 in fines
🔹 Second-Degree Felony Burglary
Example: Burglary of an occupied dwelling, or a structure with a person inside
Penalties: Up to 15 years in prison and $10,000 in fines
🔹 First-Degree Felony Burglary
Example: Armed burglary, or burglary involving assault, battery, or vehicle damage
Penalties: Up to life in prison
🧠 Burglary vs. Trespass in Florida
The difference often comes down to intent.
Trespass = entering without permission, no intent to commit a crime
Burglary = entering with intent to commit a crime (like theft, assault, vandalism)
Fighting the case often means showing no criminal intent or disputing that you were ever inside.
🛡️ Defenses to Burglary Charges
At Michael White, P.A., we fight burglary charges using:
Consent or mistaken entry (you were invited or believed you had permission)
No intent to commit a crime
Misidentification (you weren’t the person inside)
Lack of evidence (no fingerprints, no surveillance, no recovered property)
📌 Related Reading:
📞 Facing Burglary Charges? We Can Help.
Florida burglary laws are harsh—but many cases can be fought and won.
Let’s talk about your defense before you talk to police or prosecutors.
📲 Call (954) 270-0769 or schedule a confidential consultation.
❓ Frequently Asked Questions
🏠 What is considered burglary under Florida law?
Florida law defines burglary as entering a dwelling, structure, or vehicle with the intent to commit a crime inside. You don’t need to break in—entering through an unlocked door with criminal intent still qualifies.
⚖️ What are the degrees of burglary in Florida?
3rd degree: Unoccupied structure or conveyance → up to 5 years
2nd degree: Occupied dwelling or structure → up to 15 years
1st degree: Armed burglary or burglary with assault/damage → up to life in prison
🚫 Is burglary different from trespassing in Florida?
Yes. Trespassing involves unauthorized entry without criminal intent. Burglary requires intent to commit a crime once inside, which makes it a felony.
🛡️ What are common defenses to burglary charges?
You had consent to enter
There was no intent to commit a crime
Mistaken identity or unreliable witness testimony
Lack of physical evidence (e.g., fingerprints, surveillance)
🧑⚖️ Can burglary charges be dropped or reduced?
Yes. Many cases are resolved through reduced charges (like trespass or attempted theft), diversion programs, or dismissal due to weak evidence or illegal search.