Chad M. Seibel
Criminal Defense
407.846.8008
Burglary Defense
A burglary charge in Florida can be a felony even when nothing was taken. The charge turns on where you went and what the State says you intended.
Chad Seibel is a former prosecutor. He now defends people charged with burglary from his office in Kissimmee. Call or text 407-846-8008 to talk about your case.
What Counts as Burglary in Florida
Burglary means entering a dwelling, structure, or conveyance with the intent to commit an offense inside (§ 810.02(1)(b)). It is not burglary if the place was open to the public at the time. It is also not burglary if you were licensed or invited to enter.
An invited entry can still become burglary based on how you stayed. The law covers remaining inside:
• Secretly, with the intent to commit an offense.
• After permission was withdrawn, with the intent to commit an offense.
• To commit or attempt a forcible felony.
The type of place matters (§ 810.011):
• Dwelling: A building or conveyance with a roof, designed for people to stay in at night. It includes an attached porch and the curtilage.
• Structure: A building of any kind with a roof, plus its curtilage.
• Conveyance: A motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car. "Entering" a conveyance includes taking apart any portion of it.
Degrees and Penalties
The statute asks whether another person was inside when the offender entered or remained. People often call this "occupied" versus "unoccupied."
• Third-degree felony (§ 810.02(4)): A structure or conveyance with no one else inside. Up to 5 years in prison and a $5,000 fine (§§ 775.082, 775.083).
• Second-degree felony (§ 810.02(3)): Any dwelling, whether or not someone is home. Also a structure or conveyance with another person inside. Up to 15 years and a $10,000 fine.
• Other second-degree cases (§ 810.02(3)(e)–(f)): Burglary of an authorized emergency vehicle. Also burglary of a structure or conveyance to steal a controlled substance.
• First-degree felony punishable by life (§ 810.02(2)): Applies if the offender assaults or batters anyone. It also applies if the offender is or becomes armed inside with explosives or a dangerous weapon. It also covers damage over $1,000, or using a vehicle (beyond a getaway car) to damage a dwelling or structure. The maximum is life in prison and a $10,000 fine.
Riots and states of emergency. Penalties go up one degree if conditions from a riot or declared emergency made the burglary easier (§ 810.02(3)–(4)). For the emergency version, the county must be under a state of emergency declared by the Governor. Those conditions include power outages, curfews, evacuations, and slower first-responder response.
• Higher degree: A second-degree burglary becomes first-degree. A third-degree burglary becomes second-degree.
• No early release: The person must wait for a first appearance hearing before release.
• Damaged buildings: During a declared emergency, the remains of a building can still count, even without a wall or roof (§ 810.011).
Related Charges
• Possession of burglary tools (§ 810.06): Having any tool, machine, or implement with intent to use it for burglary or trespass. This is a third-degree felony. The State must prove that intent.
• Trespass in a structure or conveyance (§ 810.08): Entering or staying without permission, but without the intent burglary requires. It is usually a second-degree misdemeanor (up to 60 days). It is a first-degree misdemeanor (up to 1 year) if someone was inside. It is a third-degree felony if the person was armed.
Trespass is a lesser offense than burglary. The key difference is intent.
How Burglary Cases Are Defended
Every case is different. A defense review often looks at:
• Intent: The State must prove you meant to commit an offense inside. A stealthy entry without consent can be used as evidence of intent (§ 810.07). That inference can be challenged with other facts.
• Consent: Were you invited, or was the place open to the public? If permission was withdrawn, when and how did that happen?
• Identity: Was the right person charged? Eyewitness accounts, video, fingerprints, and DNA all deserve close review.
• Evidence: How did police get the evidence and any statements? We look at whether searches and questioning followed the law.
• Charge level: Was someone really inside? Was there a weapon? Did damage exceed $1,000? These facts change the degree.
Frequently Asked Questions
Can I be charged with burglary if nothing was stolen?
Yes. The crime is entering or remaining with intent to commit an offense. The State does not have to prove a theft or other crime was completed.
Is breaking into a car burglary in Florida?
Yes. A car is a conveyance. It is usually a third-degree felony if no one was inside. It is a second-degree felony if another person was inside.
What if I was invited in?
An invited entry is not burglary by itself. But staying secretly, or after permission is withdrawn, with intent to commit an offense can be. So can staying to commit a forcible felony.
Can a burglary charge be reduced to trespass?
Sometimes the evidence shows entry without permission but not the intent to commit a crime. That gap can matter in negotiations or at trial. No outcome can be promised in any case.
Talk to a Former Prosecutor Today
Chad Seibel is a former prosecutor who now defends people charged with crimes. He can review the charge, the evidence, and your options. Call or text 407-846-8008 to schedule a consultation.
Attorney Chad M. Seibel, Of Counsel at Perez LaSure Law. Office in Kissimmee. Consultations and meetings available throughout Florida by appointment. Hablamos español. Atendemos em Português.