Burglary defense in Florida.

What counts as burglary under Florida law?

Under F.S. 810.02, burglary is entering a dwelling, a structure or a conveyance with the intent to commit an offense inside. A dwelling is generally a home, a structure covers other buildings, and a conveyance includes vehicles. The offense intended does not have to be theft, although in many cases that is the allegation.

The degree of the charge depends on the type of property, whether anyone was inside, and whether the person was armed or committed an assault or battery.

What raises the degree of a burglary charge?

The same act can be charged very differently depending on the details. Entering an occupied home is treated more seriously than entering an empty structure, and being armed, or committing an assault or battery during the burglary, raises the charge further.

Because the degree drives the potential sentence, the defense examines each factor the state relies on: what kind of property it was, whether someone was present, and whether a weapon was actually involved. The Criminal Punishment Code scoresheet then shapes the sentencing range for any felony conviction.

Proving intent and entry

Intent is a separate element from entry. Being inside a building or a car is not the same as being there to commit a crime, and intent usually has to be inferred from the circumstances. Prior permission to enter, a misunderstanding about access, or an innocent reason for being there can all matter.

Identification is another frequent issue. Burglary cases may rely on fingerprints, video, pawn records or possession of recently taken property, and each type of evidence has limits that can be explored through discovery and depositions.

Vehicle burglary and related charges

Burglary of a conveyance, such as a car, is often charged when items are taken from vehicles in parking areas or driveways. These cases frequently turn on video quality, timing, and whether property found later can be linked to a specific vehicle.

Burglary charges are often filed alongside theft or trespass charges. Where the evidence shows entry without permission but not an intent to commit an offense inside, the facts may fit a different charge than burglary. DUI Lawyers Shield Firm offers a free case review to look at the full set of charges together.

Other criminal defense pages

• Felony Defense
• Misdemeanor Defense
• Assault and Battery
• Gun Charges
• Theft and Shoplifting
• Robbery
• Juvenile Crimes
• Probation Violations
• Expungement and Sealing

General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.