Burglary Charges in Florida: Sentencing and Outcome Data

Burglary is one of the most seriously prosecuted property crimes in Florida. Unlike the popular conception of "breaking and entering," Florida's burglary statute does not require forced entry. The key element is entering or remaining in a dwelling, structure, or conveyance with the intent to commit a crime inside.

Degrees of Burglary

First-Degree Burglary (§ 810.02(2))

Burglary is a first-degree felony punishable by life imprisonment when the offender commits an assault or battery during the burglary, is armed with a dangerous weapon or explosive, or enters an occupied dwelling and uses a motor vehicle to damage it. Ranked at offense severity level 7 on the scoresheet.

Second-Degree Burglary (§ 810.02(3))

Burglary of an occupied or unoccupied dwelling, or an occupied structure, is a second-degree felony carrying up to 15 years in prison.

Third-Degree Burglary (§ 810.02(4))

Burglary of an unoccupied structure or conveyance (vehicle, vessel, aircraft) is a third-degree felony carrying up to 5 years in prison.

Key Legal Distinctions

Dwelling vs. Structure vs. Conveyance

Dwelling (§ 810.011(2)) — A building designed for nighttime lodging, including attached porches and connected garages
Structure (§ 810.011(1)) — Any building, including commercial buildings, sheds, tents, and enclosed areas
Conveyance (§ 810.011(3)) — Any motor vehicle, ship, vessel, railroad vehicle, trailer, or aircraft

10-20-Life Application

Burglary with a firearm triggers Florida's 10-20-Life mandatory minimums (§ 775.087): 10-year minimum for possession, 20-year minimum for discharge, 25 years to life for causing death or great bodily harm.

What Our Data Shows

Our analysis of burglary cases from FDLE court records reveals important patterns:

Conviction rates — Burglary has one of the higher conviction rates among property crimes
Sentencing severity — Average sentences for burglary are among the longest for property crimes
Adjudication withheld — Withhold rates for burglary are lower than for many other categories
County variation — Conviction rates and sentencing patterns vary significantly by county

View our burglary charge page for county-by-county data.

Defense Strategies

Burglary defense often focuses on the intent element — the state must prove the defendant entered with specific intent to commit a crime inside. If intent cannot be established, the charge may be reduced to trespassing. Other defenses include consent to enter, mistaken identity, and alibi. Given the severity of burglary penalties, retaining an experienced criminal defense attorney is essential.

Burglary — Statewide Data

35,504

Total Cases

75.9%

Guilty Rate

1.5%

Dismissal Rate

15.2%

Withheld Rate

View full Burglary data by county →

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Frequently Asked Questions

What is burglary in Florida?

Under Florida Statute section 810.02, burglary is entering or remaining in a dwelling, structure, or conveyance with the intent to commit an offense inside, unless the premises are open to the public or the defendant is licensed or invited to enter. Florida's burglary law does not require forced entry.

What is the difference between burglary and trespassing in Florida?

The key difference is intent. Trespassing is entering or remaining without authorization. Burglary requires the specific intent to commit a crime inside the premises. Trespassing is typically a misdemeanor; burglary is always a felony.

Is burglary a violent crime in Florida?

Yes. Burglary of an occupied dwelling is a first-degree felony punishable by life. Even burglary of an unoccupied structure is a felony. Burglary is scored as a violent offense on the Criminal Punishment Code scoresheet.