What is Burglary in Florida?

To prove the crime of Burglary, the State must prove the following two elements beyond a reasonable doubt:

  1. The Defendant entered a structure or conveyance owned by or in the possession of another.

  2. At the time of entering the structure or conveyance, the Defendant had the intent to commit an offense other than burglary or trespass in that structure or conveyance.


In Florida, burglary or a structure or conveyance is a third degree felony. If addition to fines, court costs, and other requirements, you can be sentenced to 5 years in state prison. There are, however, many factors that can increase the punishment.


For example, if you commit an assault or battery during commission of the crime, are armed or become armed, or cause more than $1,000 in damage, it is a first degree felony and can be punished by a term not exceeding life in prison. If the structure is a dwelling, or if the structure/conveyance is occupied by another person, the crime is a second degree felony and you can be sentenced to 15 years in prison.


If you are a loved one has been charged with this serious crime, please contact us today for a free consultation!