Last updated November 2025
Burglary charges in Florida are already serious. Add an assault or battery allegation, and you’re facing one of the harshest felonies under state law β often carrying the possibility of life in prison.
As a Fort Lauderdale violent crime defense attorney and former prosecutor, I know how aggressively the State pursues these cases β and where the defenses lie.
π The Law
Under Florida Statute §810.02(2)(a), burglary with assault or battery occurs when someone:
Enters a dwelling, structure, or conveyance with intent to commit an offense, and
Commits an assault or battery upon another person during the burglary
π Related: Assault vs Battery in Florida
π Understanding Florida’s Burglary with Assault or Battery Law
Felony of the first degree punishable by life (PBL)
Possible life imprisonment or long-term prison sentence
Permanent felony record (cannot be sealed or expunged if convicted)
Collateral consequences: immigration issues, loss of civil rights, professional licensing impact
π‘οΈ Defense Strategies
Lack of intent to commit burglary β Was there criminal intent at entry?
Disputed assault/battery β Was physical contact or threat proven beyond a reasonable doubt?
Consent to enter β Entry with permission defeats burglary charges.
Identity issues β Misidentification is common in chaotic incidents.
Constitutional challenges β Illegal searches or coerced statements can suppress evidence.
π£ Why Local Defense Matters
Because this charge carries life potential, prosecutors fight hard. The right defense can mean the difference between life in prison and a reduced charge.
π Accused of burglary with assault or battery in Florida? Call today for a free consultation.
π Learn more on our Fort Lauderdale Criminal Defense page.
β FAQs
1) Is burglary with assault or battery always a felony?
Yes. It is a first-degree felony punishable by life.
2) What’s the difference between burglary and burglary with assault?
The added element of assault or battery elevates penalties dramatically.
3) Can the charge be reduced?
Yes. Depending on evidence, it may be reduced to simple burglary or trespass.
4) What if I had permission to enter?
Consent is a complete defense to burglary.
5) Can these charges be sealed or expunged?
Not if you’re convicted. Only dismissals or withholds may preserve eligibility.