Florida Burglary Defense

Florida Burglary Defense

Burglary charges in Florida are serious felony offenses that can carry substantial prison exposure, lengthy probation, and long-term collateral consequences. Unlike theft, burglary does not require that property actually be taken. A person may be charged with burglary based solely on allegations of unlawful entry into a structure, dwelling, or conveyance with the intent to commit an offense inside. Because burglary is often classified as a violent felony depending on the circumstances, the stakes in these cases are high.

Attorney Jason Goldsmith represents individuals charged with burglary throughout the State of Florida. As a former Broward County prosecutor, he understands how burglary cases are investigated, charged, negotiated, and tried. He understands how prosecutors evaluate forced entry evidence, forensic findings, surveillance footage, witness statements, and alleged admissions when determining how aggressively to pursue penalties.

Burglary is governed primarily by § 810.02, Florida Statutes. The severity of the charge depends on the type of structure involved, whether the location was occupied, whether a weapon was allegedly possessed, and whether an assault or battery occurred during the incident.

What Is Burglary Under Florida Law?

Under Florida law, burglary occurs when a person enters or remains in a dwelling, structure, or conveyance with the intent to commit an offense inside. The offense inside does not need to be theft. It can be any criminal offense.

The State must prove beyond a reasonable doubt: (1) entry or remaining in a qualifying location; (2) lack of consent or authorization; and (3) intent to commit an offense at the time of entry or remaining. Intent is frequently the most contested issue in burglary prosecutions.

Importantly, burglary charges may arise even when no property was taken and no one was physically harmed. The allegation of unlawful entry combined with intent is sufficient under the statute.

Burglary of a Dwelling vs. Structure vs. Conveyance

A dwelling is a building or conveyance designed to be occupied by people lodging at night. Burglary of a dwelling is typically treated more severely than burglary of a structure or conveyance.

A structure includes buildings with a roof and enclosed space but not necessarily used as a residence. A conveyance includes vehicles, boats, aircraft, or other means of transportation.

The classification of the location can significantly impact the degree of felony and sentencing exposure.

Degrees of Burglary in Florida

Third-Degree Felony Burglary typically involves unarmed burglary of an unoccupied structure or conveyance. This offense may carry up to five years in prison.

Second-Degree Felony Burglary may involve burglary of an occupied structure or conveyance, or certain other aggravating circumstances. This offense may carry up to fifteen years in prison.

First-Degree Felony Burglary may apply when a weapon is involved, when an assault or battery occurs, or when other statutory enhancements apply. This offense may carry up to life imprisonment in certain circumstances.

Armed Burglary and Burglary With Assault or Battery

Burglary becomes significantly more serious if the accused is alleged to have been armed or to have committed an assault or battery during the incident. Armed burglary may trigger enhanced sentencing exposure and, in some cases, mandatory minimum provisions.

The presence of a weapon — even if not used — may elevate the charge. The legal definition of 'armed' and whether the evidence supports that classification is often a key area of litigation.

How Florida Burglary Cases Typically Begin

Burglary investigations often begin with police responding to reports of forced entry, alarms, surveillance alerts, or witness observations. Evidence may include fingerprints, DNA, surveillance footage, witness identifications, property damage photographs, and alleged admissions.

In some cases, burglary allegations arise from disputes over consent or misunderstandings regarding access rights. Whether entry was authorized or whether consent was revoked can become central issues.

Intent to Commit an Offense Inside

The prosecution must prove that the accused intended to commit an offense at the time of entry or remaining. Intent cannot be based solely on speculation. The State must present evidence supporting criminal intent beyond a reasonable doubt.

In some cases, the defense may argue lack of intent, mistake, or lawful purpose for entry. Each case depends on specific facts and available evidence.

Sentencing Exposure Under the Florida Criminal Punishment Code

Burglary offenses are scored under Florida’s Criminal Punishment Code. Points are assigned based on offense severity, prior record, victim injury, and statutory enhancements. Higher scores may result in substantial prison exposure.

In addition to incarceration, courts may impose probation, restitution, court costs, and other conditions.

Collateral Consequences of a Burglary Conviction

A burglary conviction may result in loss of certain civil rights, difficulty obtaining employment, professional licensing restrictions, and long-term reputational harm. Because burglary is often categorized as a serious felony offense, the collateral consequences can be significant.

For non-citizens, burglary convictions may carry immigration consequences depending on classification and sentence imposed.

How a Former Broward Prosecutor Approaches Burglary Defense

A former prosecutor understands how burglary cases are evaluated internally, how forensic evidence is reviewed, and how sentencing exposure influences negotiation decisions. Defense strategy may focus on challenging identification, disputing intent, examining forensic procedures, and litigating constitutional issues where appropriate.

Questions People Ask About Florida Burglary Charges

What must the State prove in a burglary case?

The prosecution must prove unlawful entry or remaining, lack of consent, and intent to commit an offense inside beyond a reasonable doubt.

Is burglary always a felony in Florida?

Yes. Burglary is classified as a felony offense under Florida law.

Does someone have to be home for burglary to apply?

No. Burglary can occur even if the dwelling or structure is unoccupied.

Is burglary the same as trespassing?

No. Trespassing does not require intent to commit an additional offense inside.

Can burglary charges be dismissed?

Charges may be dismissed if the State cannot prove intent, identity, or lack of consent.

Is prison mandatory for burglary?

Prison is legally permissible and may be likely depending on degree and sentencing factors.

Can burglary charges be reduced?

In some cases, negotiations may result in charge reduction depending on evidence.

What if there was no forced entry?

Forced entry is not required if unlawful remaining or lack of consent can be proven.

How long do burglary cases take?

Felony cases may take several months or longer depending on complexity.

Can burglary affect firearm rights?

Felony convictions may impact firearm rights under state and federal law.

Can burglary impact immigration status?

Certain burglary convictions may carry immigration consequences.

What defenses are available in burglary cases?

Common defenses include lack of intent, consent to enter, mistaken identity, and constitutional violations.

What happens at felony arraignment?

The charge is formally announced and a plea is entered.

Can burglary cases go to trial?

Yes. The State must prove each element beyond a reasonable doubt at trial.

Does prior record increase sentencing exposure?

Yes. Prior convictions increase Criminal Punishment Code scoring.

Is burglary considered a violent felony?

Depending on the circumstances, burglary may be treated as a serious or violent felony.

How does former prosecutorial experience help?

It provides insight into charging decisions, plea negotiations, and evidentiary evaluation.

Can entering through an unlocked door still be burglary?

Yes, if the entry was without consent and with intent to commit an offense.

What if I had permission to enter?

If entry was authorized, burglary may not be legally supported.

What should I do if I am accused of burglary?

Avoid making statements without counsel and seek qualified legal representation promptly.

Statewide Florida Representation

Attorney Jason Goldsmith provides statewide representation for burglary charges throughout Florida. The main office is located in Broward County, Florida.

Legal Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney–client relationship.