Florida criminal charge
Burglary in Florida
Burglary is a criminal offense under Florida law, defined by Fla. Stat. § 810.02. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 810.02.
How is burglary classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Burglary with assault/battery, armed, or causing significant damage via vehicle/property | Felony of the First Degree | The offender makes an assault or battery, becomes armed with explosives or a dangerous weapon, or enters a dwelling/structure causing damage to it or property therein exceeding $1,000 or via use of a motor vehicle as an instrumentality causing damage. | Fla. Stat. § 810.02(2) |
| Burglary of a dwelling or structure/conveyance with a person present (unarmed, no assault/battery) | Felony of the Second Degree | The offender, without assault/battery or being armed, enters or remains in a dwelling (occupied or not), a structure or conveyance with another person present, an authorized emergency vehicle, or a structure/conveyance intending theft of a controlled substance. | Fla. Stat. § 810.02(3) |
| Burglary during riot or state of emergency (reclassified from second degree) | Felony of the First Degree | A burglary otherwise classified as second degree felony under subsection (3) is reclassified as first degree if committed during a riot or aggravated riot, or in a county under a gubernatorial state of emergency, where the burglary is facilitated by conditions arising from the riot or emergency. | Fla. Stat. § 810.02(3) |
| Burglary of unoccupied structure or conveyance (unarmed, no assault/battery) | Felony of the Third Degree | The offender, without assault/battery or being armed, enters or remains in a structure or conveyance in which no other person is present. | Fla. Stat. § 810.02(4) |
| Burglary during riot or state of emergency (reclassified from third degree) | Felony of the Second Degree | A burglary otherwise classified as third degree felony under subsection (4) is reclassified as second degree if committed during a riot or aggravated riot, or in a county under a gubernatorial state of emergency, where the burglary is facilitated by conditions arising from the riot or emergency. | Fla. Stat. § 810.02(4) |
Common questions about burglary in Florida
Is burglary a felony or a misdemeanor in Florida?
It depends on the circumstances: burglary ranges from a Felony of the Third Degree to a Felony of the First Degree in Florida under Fla. Stat. § 810.02.
Burglary with assault/battery, armed, or causing significant damage via vehicle/property: Felony of the First Degree (Fla. Stat. § 810.02(2)) · Burglary of a dwelling or structure/conveyance with a person present (unarmed, no assault/battery): Felony of the Second Degree (Fla. Stat. § 810.02(3)) · Burglary during riot or state of emergency (reclassified from second degree): Felony of the First Degree (Fla. Stat. § 810.02(3)) · Burglary of unoccupied structure or conveyance (unarmed, no assault/battery): Felony of the Third Degree (Fla. Stat. § 810.02(4)) · Burglary during riot or state of emergency (reclassified from third degree): Felony of the Second Degree (Fla. Stat. § 810.02(4))
Which Florida statute covers burglary?
Burglary is governed by Fla. Stat. § 810.02 (Burglary).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.