burglary explained

Burglary of a Dwelling or Conveyance or Structure


There are two separate statutes for burglary – offenses committed on July 1, 2001 or before that date and offenses committed after July 1, 2001. Since most people who have committed burglary prior to July 1, 2001 have done their time or were acquitted, we are only defining offenses committed later than July 1, 2001.


Burglary - Florida Statute §810.02

To be charged with burglary, you must enter a dwelling, structure or conveyance intending to commit a crime, unless the premises are open to the public at the time of entry. If the structure is not open to the public at the time you enter it (whether it is a public dwelling that is closed or a private residence) you must remain inside with the intention of commiting an offense. If you were asked to leave and you remain inside intent on commiting an offense or if you attempt to or commit a forcible felony, you can be charged with burglary.


Forcible Felony - Florida Statute §776.08

A forcible felony may be an act of murder, treason, sexual battery, manslaughter, carjacking, burglary, home-invasion robbery, kidnapping, arson, aggravated assault, aggravated stalking, aggravated battery, aircraft piracy, unlawful discharging, placing, or throwing of bombs or destructive devices, and other felonies involving the use of or threat of physical force against a person.


Burglary is a first-degree felony and may be punishable by up to 30 years or life imprisonment and/or a fine of up to $10,000.


There are certain additional crimes you can commit while committing a burglary that require mandatory sentencing:


There are certain additional crimes requiring mandatory sentencing if they are committed while committing a burglary:


  1. Assault or battery on a person;

  3. Person is armed with explosives or dangerous weapons; and/or
  4. If a vehicle (other than vehicle used to leave the scene) is used in the commission of the burglary or you cause damage in excess of $1,000

You may be sentenced to life without the option for early release for at least 15 years (F.S. §810.02 and F.S. §775.08) A burglary is a second-degree felony when you commit a burglary and:


  1. Assault or battery is not committed during the burglary;


  2. If you are not armed with dangerous weapons or explosives and do not become so during the burglary;

  4. If you enter empty dwellings, structures or conveyances or authorized emergency vehicles during the burglary.

A second-degree felony is punishable by imprisonment of up to 15 years and/or a $10,000 fine.


If you commit any burglary during a state of emergency (as declared by Florida's Governor), that burglary is considered a burglary in the first degree.

If you are in need of an attorney with burglary experience, contact www.marybethcorn.com for a free consulation today.


The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.