Trespassing vs burglary in Florida is more than just a matter of terminology — it’s the difference between a misdemeanor and a felony, and possibly years in prison.
Whether you were arrested after entering a home, business, or fenced property in Fort Lauderdale or anywhere in South Florida, it’s crucial to understand the distinction. It could mean the difference between a misdemeanor and a felony — or even between jail and dismissal.
⚖️ What Is Trespassing in Florida?
Under Florida Statute § 810.08, trespassing means entering or remaining on someone else’s property without authorization. It becomes criminal when:
You ignore posted signs or verbal warnings, or
You enter after being told not to, or
You stay after being asked to leave
Trespassing can happen on:
Residential or commercial property
School campuses
Construction sites
Public parks or beaches after hours
Penalties for trespassing in Florida vary:
Unarmed trespass on property: 2nd-degree misdemeanor (up to 60 days in jail)
Trespass in a structure or conveyance: 1st-degree misdemeanor (up to 1 year in jail)
Armed trespass or entry with intent to commit another crime: 3rd-degree felony (up to 5 years)
🏚️ What Is Burglary in Florida?
Burglary, defined under Florida Statute § 810.02, is a much more serious offense. It involves entering a structure, dwelling, or conveyance with the intent to commit a crime inside — usually theft, but not always.
Examples:
Sneaking into someone’s garage to steal tools
Entering a home through an unlocked door intending to take something
Walking into a store after hours to commit vandalism
Burglary is always a felony — and penalties depend on the location, whether someone was present, and whether you were armed:
| Type of Burglary | Charge | Maximum Penalty |
|---|---|---|
| Unoccupied structure | 3rd-degree felony | 5 years in prison |
| Occupied dwelling | 2nd-degree felony | 15 years in prison |
| Armed burglary | 1st-degree felony | Life in prison |
🆚 The Core Difference: Intent
The key legal difference between trespassing and burglary in Florida is intent.
Trespassing = Unauthorized entry, no intent to commit a crime
Burglary = Unauthorized entry with intent to commit a crime inside
In trespassing vs burglary Florida cases, prosecutors often try to inflate charges by alleging criminal intent. That’s where early legal intervention matters.
🔍 Real-World Examples
Trespassing: A person climbs over a hotel fence to use the pool after hours.
Burglary: A person sneaks into a hotel room intending to steal electronics.
Trespassing: A teen walks into an abandoned warehouse for photos.
Burglary: The same teen breaks in with spray paint and vandalizes the walls.
Intent is everything — and it’s not always easy for the State to prove.
🛡️ Legal Defenses
A skilled criminal defense lawyer can challenge:
Lack of criminal intent (converting burglary to trespass)
Mistaken identity
Lack of notice (no posted warnings or verbal request to leave)
Unlawful arrest or search
Implied consent (e.g., open public access)
📍 Arrested in Fort Lauderdale? Take Action Now.
If you’re facing charges related to trespassing vs burglary in South Florida, we can fight to reduce or dismiss your case.
At Michael White, P.A., we fight to get charges reduced or dismissed — and preserve your record.
📞 Call now for a free consultation.
🙋♂️ Frequently Asked Questions
❓ Can I be charged with burglary if I didn’t steal anything?
Yes — burglary only requires intent to commit any crime inside, not just theft.
❓ What if I didn’t know I wasn’t allowed to be there?
That may be a defense to trespass — especially if the area was not posted or you weren’t warned.
❓ Is trespassing always a misdemeanor in Florida?
No — if you were armed or trespassed on certain protected properties, it can be a felony.
❓ Can burglary charges be reduced to trespass?
Yes, especially if intent is unclear or unprovable. This can significantly reduce potential penalties.
❓ Can I get a trespass charge sealed or expunged?
Possibly — if the case is dropped or you receive a withhold of adjudication and meet eligibility.