What Is Burglary Under Florida Law?

Under Florida law, burglary generally occurs when a person enters a dwelling, structure, or conveyance with the intent to commit an offense inside. Contrary to popular belief, the law does not require forced entry. Intent is often the most heavily litigated issue in burglary cases. Put simply, burglary is defined as trespassing with the intent to commit some other crime while trespassing.

Burglary of a Conveyance

A conveyance includes automobiles, trucks, boats, aircraft, and other vehicles. These cases often involve allegations of entering a parked vehicle intending to commit theft or another offense.

Burglary of a Structure

A structure generally refers to a non-residential building such as an office, warehouse, detached garage, or storage facility. Whether the structure was occupied can affect the degree of the offense.

Residential Burglary

Florida treats burglaries involving dwellings particularly seriously because of the increased risk of confrontation between occupants and intruders.

Commercial Burglary

Commercial burglary cases frequently involve businesses, retail establishments, restaurants, medical offices, or warehouses. Prosecutors often rely upon surveillance footage, alarm records, and forensic evidence.

Armed Burglary

A burglary becomes significantly more serious when a weapon is involved. In many circumstances, armed burglary is punishable by life imprisonment. The government does not have to prove that the Defendant was armed before the burglary. Many armed burglary cases take place when a subject is accused of stealing a firearm during the commission of a burglary.

Burglary with Assault or Battery

If prosecutors allege that an assault or battery occurred during the burglary, the offense is substantially enhanced and may become a first-degree felony punishable by life. These cases are exceptionally serious. A common example of this offense is where an individual reaches into the vehicle of another to strike another driver during a road rage incident.

Burglary vs. Robbery

Many people use the terms burglary and robbery synonymously. However, each crime carries very different elements. Robbery requires taking property from another person through force, violence, assault, or fear. To prove robbery, the government does not have to prove an unlawful entry (trespass). Burglary does not require a confrontation or force with another person, but does require evidence of an unlawful entry (trespass).

Possession of Burglary Tools

Florida separately criminalizes possessing burglary tools with the intent that they be used to commit a burglary or trespass. Possessing ordinary tools alone is not enough.

How We Build a Burglary Defense

Our office carefully reviews discovery, analyzes surveillance footage, evaluates forensic evidence, investigates witnesses, examines constitutional issues, and prepares every case for trial while pursuing favorable negotiated resolutions whenever appropriate.

Why Early Representation Matters

Early involvement allows counsel to preserve evidence, identify witnesses, challenge unlawful searches, and present mitigation before charging decisions are finalized.

Why Choose the Law Office of Timothy Sullivan, PLLC

Our team consists of former Tampa Bay prosecutors who now represent those accused of crimes throughout Pinellas County. The firm’s experience evaluating felony cases from both sides of the courtroom provides valuable insight when negotiating with prosecutors and presenting cases to juries.

Contact Us

If you or a loved one has been arrested for burglary in Clearwater, St. Petersburg, or anywhere in Pinellas County, contact the Law Office of Timothy Sullivan, PLLC to schedule a confidential consultation.