Burglary may be the most misunderstood felony in Florida. You don’t have to break in. You don’t have to steal anything. You don’t even have to make it past the doorway — reaching into an open car window can be enough. And at the top end, a burglary charge can expose you to life in prison.

The stakes are enormous, and so is the gray area. Burglary cases turn on a question no camera can answer: what was in your mind when you entered? That single element — intent — separates a life-altering felony from a simple trespass, and it’s exactly where an experienced trial lawyer goes to work.

Attorney Zeljka Bozanic of Bozanic Law is Board Certified in Criminal Trial Law, a distinction held by fewer than 1% of Florida attorneys, and a former Miami-Dade prosecutor with 20 years in South Florida’s criminal courtrooms. She has prosecuted and defended burglary cases at every level, and she knows how Broward County prosecutors charge them — and where those cases break down.

If you or a loved one has been arrested for burglary in Fort Lauderdale, Broward County, or anywhere in South Florida, the time to build your defense is now.

Quick Reference: Burglary in Florida

What Is Burglary Under Florida Law?

Under F.S. 810.02, burglary means:

1. Entering a dwelling, a structure, or a conveyance with the intent to commit an offense inside — unless the premises were open to the public or you were licensed or invited to enter; or
2. Lawfully entering but then remaining inside secretly, after permission was withdrawn, or with the intent to commit a forcible felony.

Three definitions do a lot of work here:

• Dwelling — a building or conveyance with a roof, designed for people to sleep in at night, along with its attached porches and curtilage (the enclosed yard area around it). A screened patio or fenced backyard can count as part of the dwelling.
• Structure — any building with a roof, plus its enclosed curtilage.
• Conveyance — vehicles, boats, trailers, aircraft, railroad cars. “Car burglary” is one of the most commonly charged burglaries in Broward County.

Notice what’s missing: “breaking and entering.” Florida abandoned that requirement long ago. Walking through an unlocked door — or reaching through an open window — is an entry.

Degrees of Burglary and Their Penalties

Third-Degree Burglary — Up to 5 Years

Burglary of an unoccupied structure or conveyance, where the offender is unarmed and commits no assault or battery, is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. This covers most car and commercial burglaries.

Second-Degree Burglary — Up to 15 Years

Burglary is a second-degree felony, punishable by up to 15 years in prison, when the offender is unarmed and commits no assault or battery, but enters or remains in:

• A dwelling — occupied or not (an empty house is still a dwelling);
• A structure or conveyance with a person inside;
• An authorized emergency vehicle; or
• A structure or conveyance with intent to steal a controlled substance.

Burglary of a dwelling is one of the most seriously scored offenses under Florida’s sentencing guidelines — prison is a realistic outcome even for first-time offenders.

First-Degree Burglary — Up to Life

Burglary becomes a first-degree felony punishable by up to life in prison when, in the course of the burglary, the offender:

• Commits an assault or battery on any person;
• Is or becomes armed with explosives or a dangerous weapon; or
• Uses a motor vehicle as an instrument (beyond a getaway car) to damage the dwelling or structure, or causes more than $1,000 in property damage.

The “becomes armed” language is a trap many defendants don’t see coming: picking up a knife, tool, or firearm inside the property can turn a 5-year case into a life felony — even if it was never used or displayed.

Related Charges

Burglary cases often come with companion counts: possession of burglary tools (F.S. 810.06), a third-degree felony; trespass (F.S. 810.08–810.09), the lesser offense burglary reduces to when intent can’t be proven; and theft or criminal mischief charges for what allegedly happened inside.

What the Prosecution Must Prove

To convict you of burglary, the State must prove beyond a reasonable doubt that:

1. You entered (or unlawfully remained in) a dwelling, structure, or conveyance owned or possessed by another; and
2. At the time of entering, you had the fully formed intent to commit an offense inside.

That second element is the battleground. Intent must exist at the moment of entry (or arise while unlawfully remaining) — and the State almost never has direct evidence of it. Prosecutors ask jurors to infer intent from circumstances: the time of night, a stealthy entry, flight from police. Florida law does allow certain inferences, but inferences can be rebutted, and reasonable doubt lives in that gap.

Defense Strategies for Burglary Charges

No Intent to Commit a Crime Inside

Entering someone’s property without permission — to sleep, to cut through, to retrieve your own belongings, while intoxicated and confused — may be trespass, but it is not burglary without intent to commit an offense inside. The difference is a misdemeanor versus a felony that can carry 15 years or more.

You Were Invited or Licensed to Enter

Consent to enter defeats burglary. These issues arise constantly in cases involving ex-partners, roommates, family disputes, and shared property — situations where who was allowed to be where is genuinely murky.

The Premises Were Open to the Public

Entering a business open to the public is not burglary, even with bad intentions, unless you entered a restricted area or remained after the premises closed.

Mistaken Identity

Burglaries are usually committed out of sight. Cases built on grainy surveillance footage, cross-racial eyewitness identifications, or fingerprints on movable objects invite serious challenge.

Suppressing Statements and Evidence

Burglary investigations lean heavily on confessions, show-up identifications, and searches. Unlawful stops, suggestive identification procedures, and Miranda violations can gut the State’s case.

Why Choose Bozanic Law?

• Board Certified in Criminal Trial Law — fewer than 1% of Florida attorneys hold this Florida Bar certification of trial expertise.
• Former Miami-Dade prosecutor — Zeljka Bozanic has seen how the State builds burglary cases from the inside, and she knows their weak points.
• 20 years of trial experience in Broward, Miami-Dade, and Palm Beach counties.
• We prepare every case as if it’s going to trial — the preparation that produces dismissals and reductions.
• Available 24/7, with offices in Fort Lauderdale, Miami, and West Palm Beach.

Frequently Asked Questions

Do I have to break in for it to be burglary in Florida?

No. There is no “breaking” requirement. Entering through an unlocked door or open window — even reaching an arm inside — qualifies as entry. What matters is whether you had permission and what your intent was.

Is burglary of a car really a felony?

Yes. Burglary of a conveyance — including a car — is at minimum a third-degree felony carrying up to 5 years in prison, even if nothing was taken. If someone was inside the vehicle, it becomes a second-degree felony.

What’s the difference between burglary and trespass?

Intent. Both involve being where you’re not allowed, but burglary requires intent to commit a separate offense inside. Trespass is a misdemeanor in most circumstances; burglary is always a felony. Negotiating a burglary down to trespass is often a realistic and life-changing outcome.

Can I be charged with burglary of a home I used to live in?

It happens frequently — especially after breakups and evictions. The answer depends on whether you still had a possessory right or valid consent to enter. These cases are highly fact-specific and highly defensible with the right investigation.

What if nothing was stolen?

Theft is not an element of burglary. The crime is complete upon entry with intent — but an absence of stolen property, tools, or any actual crime inside is strong evidence that the required intent never existed. It’s a fact we put to work in your defense.

Facing Burglary Charges in Broward County?

Burglary charges are built on inference — and inferences can be challenged, undermined, and beaten. Before you talk to detectives or accept the State’s version of events, talk to a Board Certified criminal trial lawyer who has handled these cases from both sides. Contact Bozanic Law for a free, confidential consultation, available 24/7 in Fort Lauderdale, Miami, and West Palm Beach.