Overview of Florida’s Burglary Law
Burglary under Florida Statute § 810.02 is a serious felony in every form. Unlike common misconceptions, burglary does not require theft—it requires entering or remaining in a structure with intent to commit any offense inside. The severity depends on the type of structure (dwelling vs. non-dwelling), whether it was occupied, and whether the defendant was armed or committed additional crimes during the burglary.
Elements of the Offense
The State must prove:
- The defendant entered a dwelling, structure, or conveyance owned by or in the possession of the victim.
- At the time of entering, the defendant had the intent to commit an offense in that dwelling, structure, or conveyance.
Or alternatively:
- The defendant, having been authorized, licensed, or invited to enter, remained in a dwelling, structure, or conveyance surreptitiously with the intent to commit an offense therein.
Key definitions: A “dwelling” is a building designed for overnight accommodation. A “structure” is any building of any kind. A “conveyance” includes motor vehicles, ships, aircraft, trailers, and railroad cars.
Penalties by Degree
Burglary of an Unoccupied Structure or Conveyance — Third-Degree Felony
- Up to 5 years in state prison
- Up to $5,000 fine
- Up to 5 years of probation
Burglary of an Occupied Structure or Conveyance — Second-Degree Felony
- Up to 15 years in state prison
- Up to $10,000 fine
Burglary of a Dwelling — Second-Degree Felony (First-Degree if Occupied)
- Unoccupied dwelling: up to 15 years (second-degree felony)
- Occupied dwelling: up to life imprisonment (first-degree felony)
Burglary with Aggravating Circumstances — First-Degree Felony
- Armed burglary or burglary during which an assault or battery is committed
- Up to life imprisonment
- Punishable by life as a first-degree felony under § 775.082
Permissive Lesser Included Offenses
Courts often instruct juries on lesser included offenses like trespass (§ 810.08, § 810.09) and attempted burglary. This means a jury can find a defendant guilty of trespass rather than burglary if they believe the elements of burglary were not fully proven.
Burglary and the 10-20-Life Law
Under Florida’s 10-20-Life law (§ 775.087), if a firearm is used during a burglary, mandatory minimum sentences apply: 10 years if the defendant possessed a firearm, 20 years if the firearm was discharged, and 25 years to life if someone was injured or killed by the firearm.
Defenses to Burglary
Defenses include consent or authorization to enter, lack of intent to commit a crime at the time of entry, mistaken identity, and challenging the “structure” or “dwelling” classification. The timing of intent is critical—if the defendant formed the intent to commit a crime only after lawfully entering, it may not constitute burglary.
How Our Data Relates
Burglary cases in our database show some of the highest conviction rates among major charge categories, reflecting the serious nature of the offense and the priority prosecutors place on these cases. The data reveals county-level variation in sentencing length and the frequency with which burglary charges are reduced to lesser offenses like trespass through plea negotiations.