Burglary
Entering or remaining in a dwelling, structure, or conveyance with the intent to commit an offense under circumstances defined by Florida law.
Florida Statute
§ 810.02
Burglary
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
Burglary can be based on unlawful entry or on remaining after entry under specified circumstances, with the intent to commit an offense other than burglary or trespass.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Burglary With Assault or Battery
F.S. § 810.02(2)(a)
In the course of committing the burglary, the offender makes an assault or battery on any person.
Burglary While Armed
F.S. § 810.02(2)(b)
In the course of committing the burglary, the offender is or becomes armed within the dwelling, structure, or conveyance with explosives or a dangerous weapon.
Burglary With Motor-Vehicle or Qualifying Property Damage
F.S. § 810.02(2)(c)
Burglary of a dwelling or structure where the offender uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, and damages the location; or causes damage exceeding $1,000 to the dwelling, structure, or property within it.
Second-Degree Burglary Facilitated by Riot or State-Emergency Conditions
F.S. § 810.02(3)
Charge-Specific Elements
Open a charge to review the statutory facts that distinguish that charging track.
Burglary With Assault or Battery
Florida Statute § 810.02(2)(a)
Burglary With Assault or Battery
Florida Statute § 810.02(2)(a)
Burglary in which the offender makes an assault or battery upon any person in the course of committing the offense.
What to Establish
The common burglary elements plus an assault or battery committed in the course of the burglary.
Important Charge Note
First-degree felony; the underlying assault or battery must be established.
Burglary While Armed
Florida Statute § 810.02(2)(b)
Burglary While Armed
Florida Statute § 810.02(2)(b)
Burglary in which the offender is or becomes armed within the dwelling, structure, or conveyance with explosives or a dangerous weapon.
What to Establish
The common burglary elements plus being or becoming armed with explosives or a dangerous weapon within the covered place.
Important Charge Note
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
Covered place and entry or remaining
The defendant entered a dwelling, structure, or conveyance, or remained in one after entry under an applicable statutory remaining-after-entry theory.
Plain language: Burglary may be based on entering a covered place or, in certain situations, unlawfully remaining after initially entering.
- Element 2AND — Required
Intent
At the time of entering or remaining, the defendant intended to commit an offense in that dwelling, structure, or conveyance, other than burglary or trespass.
Plain language: The required intent must exist when the entry or unlawful remaining occurs; the intended offense cannot itself be burglary or trespass.
- Element 3Conditional
Entry theory
For an entry theory, when license, invitation, or public access is properly at issue, the defendant was not licensed or invited to enter, or the premises were not open to the public.
Jury Instructions
Jury Instructions
Instruction 13.1
Burglary
Florida Standard Jury Instructions in Criminal Cases, Instruction 13.1. Select the entry or remaining-after-entry theory and the degree-specific language that matches the charge; verify the current official instruction before legal use.
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Structure
A building of any kind, temporary or permanent, with a roof over it, together with its curtilage. During a qualifying declared state of emergency, the definition for burglary may include portions or remnants at the original site even without a wall or roof.
Dwelling
A building or conveyance, including an attached porch, that has a roof and is designed for people to lodge in at night, together with its curtilage. During a qualifying declared state of emergency, the definition for burglary may include portions or remnants at the original site even without a wall or roof.
Conveyance
A motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car. Entering a conveyance includes taking apart any portion of it.
In the Course of Committing
An act occurring during an attempt to commit the offense or while fleeing after the attempt or commission.
Additional Notes
Additional Notes
Quick Reference
Burglary involves entering or remaining in a dwelling, structure, or conveyance with intent to commit an offense other than burglary or trespass. The degree depends on the location, occupancy, and statutory aggravating circumstances.
Classification
Burglary may be a first-, second-, or third-degree felony under F.S. § 810.02. First-degree circumstances include assault or battery, being armed, and specified vehicle or property damage; second- and third-degree classifications depend on the covered place and occupancy.
Entry and Remaining Theories
Burglary may be based on unlawful entry or, after a licensed or invited entry, surreptitiously remaining, remaining after permission is withdrawn, or remaining to commit or attempt a forcible felony.
Official Source
Always verify the current version of F.S. § 810.02, the charging allegations, and Florida Standard Jury Instruction 13.1 before relying on a classification or charging determination.