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Burglary is a felony offense under Florida law. A conviction can lead to years or decades of jail time and individuals convicted of burglary can face long-term probation, monetary fines and other penalties as well. While the State has the burden of proof, avoiding unnecessary consequences due to a burglary arrest requires experienced legal help. With offices in Bradenton and Sarasota, a burglary lawyer from Fowler Law Group is ready to fight for your freedom.  

WHAT IS BURGLARY IN THE STATE OF FLORIDA?

The crime of burglary is defined in Section 810.02 of the Florida Statutes. Under Florida law, a person commits the crime of burglary if that person:

• “Enter[s] a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter;” or,
• “Remain[s] in a dwelling, structure, or conveyance: (a) surreptitiously, with the intent to commit an offense therein; (b) after permission to remain therein has been withdrawn, with the intent to commit an offense therein; or (c) to commit or attempt to commit a forcible felony . . . .”

While many people think of burglary as “breaking and entering,” in Florida, “breaking” is not an element of the offense. In other words, simply entering a property with the intent to commit a crime on the premises can be enough to establish guilt under Section 810.02. If you enter through an unlocked door, if an employee lets you into a business after hours, or even if you enter through an open doorway, you can be found guilty of burglary under Florida law.

The penalties for burglary in Florida are based on three primary factors: (i) whether the defendant committed another crime on the premises, (ii) whether the defendant used a weapon, and (iii) whether the property was a dwelling, structure or conveyance. Burglary is a first-degree offense subject to life imprisonment if the defendant commits an assault or battery or is armed with a deadly weapon. Burglary of a dwelling is a second-degree felony offense in most other circumstances, while burglary of a structure or conveyance can be prosecuted as either a second-degree or third-degree felony depending on the circumstances involved.

BURGLARY OF A DWELLING

A “dwelling” is defined as any building or other property that has a roof and is designed to be used for overnight accommodation. Houses, condos, apartments, dorm rooms, mobile homes and RVs are all considered dwellings for purposes of Florida’s burglary statute. When prosecuted as a second-degree felony offense, burglary of a dwelling typically carries up to 15 years in prison, 15 years of probation and a $10,000 fine.

A dwelling also includes any “curtilage” of the property, which is the surrounding area of land. As a result, it is not necessary to actually enter a physical structure or mobile home to commit a burglary in Florida.

BURGLARY OF A STRUCTURE

A “structure” is defined as “a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof.” This includes businesses, government buildings and any other buildings that do not qualify as dwellings. When a structure is unoccupied, burglary is a third-degree felony subject to five years in prison, five years of probation and a $5,000 fine. When a structure is occupied, burglary is a second-degree felony subject to 15 years in prison, 15 years of probation and a $10,000 fine.