Last updated November 2025
“Burglary with assault or battery” is one of the most serious non-homicide felonies in Florida. Prosecutors can charge it when the State claims you entered a dwelling, structure, or conveyance with intent to commit an offense and an assault or battery occurred during the incident. If you’re under investigation or already arrested in Broward County, understanding how these cases are built—and how they fall apart—can change your outcome.
What the State Must Prove
Under Florida’s burglary statute (see § 810.02, Fla. Stat.), the prosecution generally must show:
A burglary (unlawful entry or remaining) with criminal intent, and
An assault (threat with apparent ability) or battery (intentional, non-consensual touching) during the course of the burglary.
Those added elements can elevate penalties dramatically—often to first-degree felonies with potential prison exposure measured in decades. But each element creates defense opportunities.
Where These Cases Are Won
Entry & intent. The State often stretches “remaining” to cover disputes between people who know each other. If you had permission to enter (or a reasonable belief that you did), or the State cannot prove intent at entry, the burglary foundation cracks.
Assault/battery proof. Alleged “assaults” are frequently just heated words; battery allegations can hinge on minimal contact with conflicting accounts. Body-worn camera, Ring camera footage, and neighbor statements often undercut the narrative.
Identification & timeline. When the intruder’s identity is contested, surveillance, cell-site data, and photo arrays must be scrutinized. Gaps in the timeline or chain of custody create reasonable doubt.
Suppression & statements. Warrantless entry, flawed show-ups, or un-Mirandized interviews can trigger exclusion of key evidence.
Broward-Specific Considerations
Broward’s felony divisions move fast; early defense work matters. As a former prosecutor, I focus on pre-filing advocacy when possible—delivering context, inconsistencies, and video contradictions to filing attorneys before charges are locked.
Related Issues You Should Understand
Penalties often turn on injury severity and whether the location is a dwelling.
Collateral counts (e.g., criminal mischief, trespass, or resisting) are common—and negotiable.
If this case risks your career or immigration status, explore record-protection strategies early.
Further reading on our site:
Frequently Asked Questions: Florida Burglary With Assault or Battery
1) Is “burglary with assault or battery” always a first-degree felony?
Often, yes—but it depends on the facts (location, injuries, weapons). The statute has tiers that change maximum penalties.
2) What if the alleged victim invited me in?
Consent (or a reasonable belief of consent) can defeat the “unlawful entry/remaining” element and collapse the burglary charge.
3) Can angry words alone count as an assault?
Not usually. The State must show a threat plus an apparent ability to carry it out, creating reasonable fear in that moment.
4) Will I go to prison if I’m convicted?
Florida’s sentencing code scores violent burglary harshly. Strong pre-trial motion practice and negotiation can reduce exposure.
5) Can these cases be reduced to lesser charges?
Yes. Weak proof on entry/intent or the assault/battery element can lead to reductions (e.g., trespass, simple battery) or dismissals.
đź’¬ Contact a Fort Lauderdale Burglary Defense Attorney Today
If you’re charged with burglary with assault or battery in Broward County, get experienced counsel immediately.
Contact Michael White, P.A. for a free consultation with a former prosecutor.