Burglary Under Florida Statute 810.02: Penalties and Enhancements

Burglary penalties under Florida Statute 810.02 range from up to 5 years in prison for a third-degree felony to life imprisonment for a first-degree felony, and every level of burglary in Florida is a felony. Where the burglary occurred, whether anyone was inside, whether the offender carried a weapon, and whether anyone was hurt all determine which degree applies and how long the sentence can run.

Penalties by Felony Degree

Section 810.02 sorts burglary into three felony levels. Each has its own maximum prison term and fine, and each is triggered by a specific combination of location, occupancy, and conduct.

Third-Degree Felony: Up to 5 Years

This is the baseline. It applies when someone enters or stays in an unoccupied structure or unoccupied conveyance, without a weapon and without committing an assault or battery.¹²³

“Unoccupied” is doing real work in that sentence. If a person happens to be inside at the time, the charge jumps a degree.

Second-Degree Felony: Up to 15 Years

The charge rises to a second-degree felony — still assuming no weapon and no assault or battery — when any of the following apply:

The burglary is of a dwelling, whether or not anyone is home. Florida treats homes more seriously because of the risk to occupants.
The structure was occupied at the time.
The conveyance was occupied at the time.
The target was an authorized emergency vehicle, regardless of occupancy.
The purpose of entry was to steal controlled substances, even from an empty location.¹

Second-degree burglary carries up to 15 years in prison and a fine of up to $10,000.²³

First-Degree Felony: Up to Life

First-degree burglary is punishable by up to life in prison and a fine of up to $10,000. The burglary statute specifically authorizes a life sentence, which overrides the standard 30-year cap that applies to most first-degree felonies.¹³

Any one of the following aggravating factors triggers first-degree treatment:

Assault or battery on any person during the burglary.
Being armed with, or arming yourself inside with, a dangerous weapon or explosives.
Using a motor vehicle to ram into or damage the dwelling or structure as part of the burglary (as opposed to driving away afterward).
Causing more than $1,000 in damage to the dwelling, structure, or property inside it.¹

That damage threshold catches people who assume first-degree charges require violence. A kicked-in door, broken windows, and damaged interior walls at a home can push total damage past $1,000 and shift what would have been a second-degree charge into first-degree territory.

How Scoresheet Sentencing Works

Statutory maximums are ceilings, not guaranteed sentences. Actual prison time comes from Florida’s Criminal Punishment Code, which assigns each burglary variant an offense severity level. Higher levels produce higher scoresheet totals and longer recommended sentences.

Level 4: Third-degree burglary of an unoccupied structure or conveyance.
Level 6: Second-degree burglary of an occupied structure.
Level 7: Second-degree burglary of a dwelling (occupied or not) and burglary of an occupied conveyance.
Level 8: All first-degree burglary charges.⁴

A Level 7 dwelling burglary can score substantially higher than a Level 4 unoccupied-structure burglary even with no prior record.

Enhancements That Increase the Sentence

Several statutes can push a burglary sentence well above what 810.02 alone would suggest.

10-20-Life for Firearms

Burglary is covered by Florida’s mandatory minimum firearm law. Possessing a firearm or destructive device during a burglary requires a minimum sentence of 10 years. Discharging the firearm raises the minimum to 20 years. If someone suffers death or great bodily harm from the shot, the minimum becomes 25 years to life.⁵

There is one carve-out. Burglary of a conveyance with a firearm carries a 3-year mandatory minimum rather than 10, though the 20-year and 25-to-life minimums still apply if the gun is fired.⁵

Habitual Felony Offender

With two or more prior felony convictions and a current burglary committed within five years of the last conviction or release, a court can sentence the defendant as a habitual felony offender. Enhanced maximums are up to life for a first-degree felony, up to 30 years for a second-degree felony, and up to 10 years for a third-degree felony.⁶ That doubles the normal ceiling for second- and third-degree burglary.

Prison Releasee Reoffender

This one is harsher. Armed burglary, burglary of a dwelling, or burglary of an occupied structure committed within three years of release from prison triggers the mandatory maximum for the offense: life for a life felony, 30 years for a first-degree felony, 15 years for a second-degree felony, and 5 years for a third-degree felony. No parole. No early release. No gain time. The full sentence is served day for day.⁷

State of Emergency or Riot

A burglary committed during a governor-declared state of emergency, when the crime is facilitated by conditions like power outages or evacuations, is automatically reclassified up one felony degree. Third-degree becomes second. Second becomes first. The offense also moves one level higher on the severity ranking chart, and anyone arrested for burglary during a state of emergency cannot be released until first appearance before a judge.⁸ The same reclassification applies to burglary committed during a riot.

Attempted Burglary

You can face charges even without getting inside. Attempted burglary of a second- or third-degree felony is charged as a third-degree felony, carrying up to 5 years in prison. Attempted first-degree burglary is classified as a second-degree felony.⁹ Prying at a window or picking a lock can be enough if prosecutors can show intent to enter and commit a crime inside. Florida’s severity ranking chart lists attempted burglary at the same levels as completed burglary.¹⁰

What 810.02 Actually Covers

Because the degree of the charge turns on what the statute treats as burglary in the first place, it helps to know what conduct qualifies. Section 810.02 reaches burglary in two forms. The first is entering a dwelling, structure, or conveyance with the intent to commit a crime inside, when the place is not open to the public and you were not invited or authorized to enter. The second is staying inside after your permission has been revoked, hiding inside with criminal intent, or remaining to commit a forcible felony such as robbery or assault.¹

The second form catches people off guard. A former employee who sneaks back into a workplace after being fired, a guest who hides in a store bathroom until closing, or a tenant who stays after an eviction can all qualify for a burglary charge if prosecutors can show criminal intent. The intended crime does not have to be theft. Vandalism, assault, or drug offenses can supply the intent element.

Entry itself does not require walking fully through a door. Florida courts have recognized partial entry — reaching an arm through an open window or inserting a tool into a space is enough. Entering a conveyance specifically includes taking apart any portion of the vehicle, vessel, or aircraft to gain access.¹¹

Intent is what separates burglary from trespassing. Prosecutors must prove a plan to commit a crime inside at the time of entry or unlawful remaining. Courts routinely infer intent from circumstances: burglary tools, entry through a window in the middle of the night, or flight with someone else’s property. Without proof of intent beyond a reasonable doubt, charges often drop to trespassing, which carries far lighter penalties.

Consequences That Outlast the Sentence

The prison term ends. The felony record does not. A burglary conviction in Florida triggers effects that reach well beyond the courtroom.

Firearms

Florida law prohibits anyone convicted of a felony from owning or possessing any firearm, ammunition, or electric weapon. Violating the ban is itself a second-degree felony, punishable by up to 15 years in prison.¹² The prohibition is permanent unless civil rights are restored through clemency.

Voting

A felony burglary conviction suspends the right to vote until every part of the sentence is complete — prison time, probation, parole, and full payment of all fines, fees, costs, and restitution.¹³ Unpaid financial obligations keep voting rights suspended indefinitely unless the State Clemency Board restores them.

Employment, Licensing, and Housing

Most employers run background checks, and a burglary conviction is a significant barrier — especially for jobs involving access to homes, valuables, or financial accounts. Licensing boards in fields like real estate, healthcare, and law routinely deny or revoke licenses based on felony records. Private landlords commonly reject felony applicants, and public housing authorities can disqualify applicants with a burglary conviction from federally subsidized housing.

Immigration

Non-citizens convicted of burglary face potential deportation or inadmissibility. Federal immigration law treats many felonies as grounds for removal, and burglary — particularly when classified as a crime involving moral turpitude or an aggravated felony — can trigger those consequences regardless of how long the person has lived in the United States.

Record Clearing

Florida does not allow expungement of criminal records when the person has been adjudicated guilty. Since burglary always results in a felony conviction if adjudication is entered, the record stays permanently accessible to employers, landlords, and licensing agencies.¹⁴ The only paths to clearing the record are a withhold of adjudication (where the judge does not formally enter a conviction) or a pardon from the clemency board. That makes plea negotiations especially consequential: the difference between adjudication and a withhold can determine whether a felony follows you for life.

1
Florida Senate. Florida Code 810.02 – Burglary
2
Justia Law. Florida Code 775.082
3
Justia Law. Florida Code 775.083 – Fines
4
Online Sunshine. Florida Code 921.0022 – Offense Severity Ranking Chart
5
Florida Senate. Florida Code 775.087 – Possession or Use of Weapon
6
Florida Senate. Florida Code 775.084 – Habitual Felony Offenders
7
Online Sunshine. Florida Code 775.082
8
Online Sunshine. Florida Code 810.02 – Burglary
9
Online Sunshine. Florida Code 777.04 – Attempts
10
Online Sunshine. Florida Code 921.0022
11
Justia Law. Florida Code 810.011 – Definitions
12
Online Sunshine. Florida Code 790.23 – Possession of Firearms by Felons
13
Florida Department of State. Felon Voting Rights
14
Justia Law. Florida Code 943.0585 – Expunction