Florida law treats burglary as a serious felony, and the consequences can affect nearly every part of your life. For anyone in Miami facing burglary allegations, understanding how the law classifies these offenses—and how sentencing works—can make an overwhelming situation more manageable.
This blog breaks down burglary penalties in Florida, the degrees of burglary, how sentencing decisions are made, and the defenses a skilled attorney may use to protect your future.
If you’re currently under investigation or have been charged, our criminal defense attorneys can help you understand your rights. Contact us to discuss your case.
How Florida Defines Burglary
Under Florida Statutes § 810.02, burglary occurs when a person enters or remains inside a dwelling, structure, or conveyance with the intent to commit a crime. Although the definition is clear on paper, how the state applies it can vary widely depending on the facts.
Florida law distinguishes “entering” from “remaining”:
- Entering: Going into a place without permission.
- Remaining: Staying after permission has been withdrawn, often in circumstances suggesting criminal intent.
To understand why penalties differ from case to case, it helps to know how Florida defines the locations involved:
- Structure: Any building with a roof, whether temporary or permanent.
- Dwelling: A structure designed for people to live or sleep in.
- Conveyance: A vehicle used to transport people or property.
These differences matter because the type of property involved greatly affects burglary degrees in Florida, which directly impacts sentencing exposure. Entering a dwelling, for example, carries harsher penalties than entering a vacant storage shed. Similarly, burglary of a conveyance typically results in lower sentencing risk unless additional factors apply.
Florida’s charging decisions hinge on these classifications. Even a small detail, such as whether the building was occupied, can move a case into a more severe category. The result may determine whether a person faces probation or a lengthy prison sentence.
First-, Second-, and Third-Degree Burglary Penalties
Florida divides burglary into three degrees. These degrees are more than labels. They shape the potential sentencing for burglary and affect how prosecutors approach the case.
First-Degree Burglary
First-degree burglary is the most serious version of this offense.
A person can be charged with first-degree burglary if they:
- Were armed during the incident,
- Committed an assault or battery inside, or
- Caused more than $1,000 in property damage.
This offense is classified as a life felony.
Potential consequences include:
- Up to life in prison
- Fines up to $10,000
Second-Degree Burglary
Second-degree burglary applies when someone enters a dwelling, an occupied structure, or an occupied conveyance without a weapon and without an assault. This form of burglary is a second-degree felony.
Penalties may include:
- Up to 15 years in prison
- Up to 15 years of probation
- Fines up to $10,000
Because these offenses often involve occupied spaces, they score higher under the Criminal Punishment Code (CPC) than many other nonviolent felonies.
Third-Degree Burglary
Third-degree burglary covers entries into unoccupied structures or conveyances. Without aggravating circumstances, burglary is charged as a third-degree felony.
Possible penalties include:
- Up to 5 years in prison
- Up to 5 years of probation
- Fines up to $5,000
These cases may score low enough under the CPC for non-prison outcomes, depending on criminal history and other factors.
Why Classification Matters
Florida’s sentencing system relies heavily on the CPC scoresheet.
Points are assigned based on:
- The level of the offense
- Aggravating factors
- Prior record
- Victim-related considerations
First-degree burglary often results in mandatory prison time. Second- and third-degree cases may allow room for negotiation, but a single detail—such as whether the alleged damage exceeded $1,000—can dramatically increase the sentencing level.
A strong defense strategy includes challenging how the charge is classified and whether enhancements apply. The right legal arguments can shift a case from a prison-level score to something far less severe.
Aggravating Factors That Can Increase Your Sentence
Certain circumstances can increase criminal penalties Miami residents may face in burglary cases. These enhancements can move a case into a higher felony degree or significantly increase CPC points.
Armed Burglary
One of the most serious aggravators is the presence of a weapon. If a person is alleged to have been armed during the burglary—whether they brought a weapon or acquired one inside the structure—the charge escalates to first-degree burglary, a life felony. This enhancement applies even if the weapon was never used. As a result, armed burglary cases rank among the highest severity levels under Florida Statutes § 921.0022, often leaving the court with little discretion to impose anything other than a lengthy prison term.
Occupied vs. Unoccupied Structures
Whether a structure was occupied during the incident dramatically changes the stakes. Burglary of an occupied dwelling is punished more harshly because the law recognizes the heightened risk to human life. Even if no confrontation occurred, the mere presence of a person inside can push the case into a higher degree of felony and increase CPC points. Conversely, burglary of an unoccupied structure—while still a felony—is generally treated less severely. This distinction often becomes a critical battleground in defense strategy.
Using a Vehicle to Commit Burglary
Florida law also enhances penalties when a vehicle is used to assist in committing or escaping from a burglary. For example, using a vehicle to ram or break into a building can elevate the offense to a first-degree felony. These cases often involve extensive property damage and trigger higher severity levels in the CPC ranking system, pushing prison recommendations upward even for first-time offenders.
Property Damage Over $1,000
If the alleged burglary results in more than $1,000 in property damage, the offense can be charged as a first-degree felony under Florida Statutes § 810.02(2)(c). This enhancement frequently arises when entry was forced, such as breaking doors, windows, security gates, or structural elements. Prosecutors often rely on repair estimates or expert testimony to justify this enhancement, making early evidence review a crucial part of the defense.
Prior Burglary Convictions
A person’s criminal history also plays a major role. Under the CPC scoring system, prior burglary convictions add significant points to the sentencing scoresheet. This can result in a case “scoring out” to mandatory prison even when the new charge itself might not require it. Prior convictions can also influence prosecutorial discretion, plea negotiations, and judicial willingness to consider alternative sentencing.
Presence of Victims or Risk of Injury
Any scenario involving a victim inside the structure substantially increases the potential sentence. Even if no one was physically harmed, the risk of injury itself can be treated as an aggravating factor. The more vulnerable the alleged victim—such as children or elderly individuals—the more aggressively the state may pursue enhanced penalties. Victim presence can also affect CPC severity rankings and limit opportunities for downward departures.
How These Enhancements Influence Sentencing
Even when the stakes are high, some defenses may reduce the charges or lead to dismissal. Prosecutors must prove intent, identity, and all statutory elements beyond a reasonable doubt.
Legal Defenses and Sentence Reductions
Facing a burglary charge in Florida is overwhelming, especially when the possible penalties involve years in prison, steep fines, or a permanent felony on your record. But even in serious cases, legal strategies may be available to reduce your charges—or lead to a dismissal altogether.
Burglary cases are complex, and the prosecution must prove every element beyond a reasonable doubt. An experienced defense team can analyze the facts, expose weaknesses in the state’s evidence, and fight for a favorable outcome.
Common defenses include:
- Lack of intent: No proof of intent to commit a crime inside.
- Mistaken identity: Weak surveillance footage or unreliable witnesses.
- Permission to enter: Explicit or implied consent can defeat the charge.
- Insufficient evidence: Many cases rely on circumstantial evidence.
- Illegal search or seizure: Unlawfully obtained evidence can be suppressed.
Strategies for Reducing Burglary Sentences
Sentence reduction options depend on the specific allegations, the strength of the evidence, and the individual’s history.
Sentence reduction options include:
- Downward departures under the CPC for qualified mitigation
- Pretrial diversion for low-level, first-time cases
- Negotiated pleas to lesser charges, such as trespassing
Protect Your Future With Proven Criminal Defense Experience
A burglary conviction in Florida carries lasting consequences. When your freedom and future are at stake, experienced legal guidance matters. At Hager & Schwartz, P.A., our attorneys draw on backgrounds as former prosecutors to analyze the evidence, identify weaknesses in the state’s case, and pursue the strongest possible defense.
If you are facing burglary allegations, reach out for a consultation. We can discuss your rights and take the first step toward protecting your future.
