Florida Burglary Laws

In Florida, burglary occurs when you enter or remain in someone else’s property with the intent to commit a crime. All burglary charges in Florida are felonies, ranging from third-degree to life felonies, depending on factors like whether anyone was home, if you used a weapon, or if you caused significant damage.

Understanding how Florida categorizes the crime of burglary can help you prepare for the next steps. If you’re facing burglary charges, contact a Florida criminal defense attorney immediately. They can provide legal representation to give you better chances of protecting your rights and building a strong defense.

How Florida Statutes Defines Burglary

Florida statutes provide the definition of burglary, which occurs in one of the following ways:

• Entering a property with criminal intent: This happens when a person enters a dwelling, structure, or conveyance with the intention of committing a crime inside. Carrying burglary tools while in a building you lack permission to be in is a clear example of having criminal intent.
• Staying in a property after lawful entry: Even if a person has permission to enter the property, they can still be guilty of burglary if they remain without the consent of the owner or resident. This includes hiding in the property with criminal intent to commit a crime, staying in the property after you were asked to leave, or remaining with the intent to commit a forcible felony.

For example, you visit a friend’s apartment with their permission, and at some point, they ask you to leave. Instead of doing so, you hide in a closet, planning to steal from them later. That is burglary because you remained after permission was withdrawn with the intent to commit a crime.

What Counts as a Dwelling, Structure, or Conveyance?

Florida law has different definitions for possible burglary locations:

• A dwelling is a building of any kind designed for people to stay overnight, including houses, apartments, mobile homes, hotel rooms, and even the attached porch
• A structure is any building with a roof that is not a dwelling, like commercial buildings, garages, or warehouses
• Conveyances are vehicles, ships, trailers, railroad cars, aircraft, and sleeping cars

The type of building and its contents often affect the severity of a sentence.

The Three Types of Burglary in Florida

All burglary charges in Florida are felonies. The three degrees depend on what type of property was involved, whether anyone was present, and whether you used a weapon or caused significant damage exceeding $1,000. Let’s take a closer look at each of them.

Third-Degree Felony

Third-degree felony is the least severe of the burglary charges. This criminal offense applies when you enter or remain in a structure or conveyance while no one else is inside. When you committed burglary of an unoccupied structure, you did not assault anyone, nor did you use any weapon.

For example, let’s say you stayed inside a retail store at night after closing with the intent to steal electronics. If nobody else were there, it would likely be charged as a third-degree felony. You could face up to five years in prison and fines up to $5,000.

Second-Degree Felony

The state can charge you with a second-degree felony if you didn’t assault anyone or armed yourself with a weapon, but fall into one of these categories:

• Burglary of any dwelling
• Burglary of an occupied structure or conveyance
• Burglary of an authorized emergency vehicle
• Burglary to steal controlled substances

The key difference between third-degree and second-degree burglary lies in the type of property involved and whether anyone was present at the time of the felony offense. If you enter or remain in a dwelling with the intent to commit a crime, it’s second-degree burglary, regardless of whether anyone is present. The fact that you committed burglary of a dwelling automatically elevates the charge. Second-degree burglary is punishable by up to 15 years in prison and a fine of up to $10,000.

First-Degree Burglary

First-degree felony burglary is the most serious type of burglary offense in Florida. It occurs when, during the commission of the burglary, you:

• Assault or batter someone
• Become armed with a dangerous weapon or explosives inside the property
• Use a motor vehicle to damage the dwelling or structure during the commission of the offense, not merely as a getaway vehicle
• Cause damage exceeding $1,000 to the dwelling, structure, or property inside

For instance, if you enter an occupied home and threaten the homeowner with a knife, that’s armed burglary in the first degree. Under Florida Statutes, first-degree burglary is punishable by up to life imprisonment.

Enhanced Penalties During Emergencies

Florida law provides for enhanced penalties when burglary occurs under specific circumstances. Under Florida Statutes, if you commit burglary during a declared state of emergency or riot, and those conditions facilitated the offense, the charge gets elevated to the next degree.

Breaking into an unoccupied dwelling during a hurricane means you took advantage of the evacuated house, which made it easier to commit burglary. Prosecutors can charge you with enhanced first-degree burglary.

Common Defenses to Burglary Charges

Several defenses may be available depending on the specific circumstances surrounding your criminal case.

Consent or Permission

If the property owner or someone with authority over the premises gave you permission to be there, the prosecution cannot convict you of burglary. Consent or permission is an affirmative defense. What this means is that once you present evidence that the person with authority over the premises gave you permission to be there, the prosecution must disprove it beyond a reasonable doubt. This defense often arises when multiple individuals share authority over the property.

The Property Was Open to the Public

If you entered a business during operating hours, there is an implied consent that allows you to be there. However, this defense does not extend to employee-only areas or spaces clearly marked as restricted.

Lack of Criminal Intent

Law enforcement authorities and the prosecution must prove you intended to commit a crime at or before the time you entered the property. If you entered seeking shelter from a storm, looking for help, or you made an honest mistake, there is no burglary. You must have formed criminal intent before or at the moment of entry.

Seek Legal Advice for Your Burglary Case

Burglary is a serious crime, and the penalties can result in life-changing consequences. If you are facing a burglary conviction in the state of Florida, it’s a good idea to seek legal advice. Contact a Florida criminal defense attorney today. A criminal defense lawyer can help evaluate your case, protect your rights, and look at the best possible defenses available.