Answering FAQs About Burglary of a Conveyance in Florida

September 10, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, burglary of a conveyance (Fla. Stat. 810.02) is a very serious offense. If someone or their loved one is arrested and charged with burglary of a conveyance, they often have many questions about the charge. This blog will answer frequently asked questions about burglary of a conveyance in Florida.

#1 – What is burglary of a conveyance?

Burglary of a conveyance in Florida occurs when someone enters a conveyance to commit a separate crime while inside (e.g. theft), or unlawfully remains inside a conveyance with the intent to commit a separate offense therein.

The State must prove all of the following beyond a reasonable doubt for a conviction:

• The alleged structure was a conveyance
• The defendant entered the conveyance
• The defendant was not licensed, invited, or otherwise authorized to enter the conveyance
• The defendant had an intent to commit a separate offense within the conveyance at the time of their unlawful entry or remaining

#2 – What is Florida law’s definition of a conveyance? 

A conveyance is defined under Fla. Stat. Section 810.011(3) and Greger v. State, 458 So. 2d 858 (Fla. 3d. DCA 1984) as any of the following:

• Motor vehicle (car, truck, etc.)
• Ship or vessel
• Railroad vehicle or railroad car (e.g. a train or train car)
• Trailer
• Aircraft
• Sleeping car 

#3 – Do I have to fully enter a conveyance for burglary to be committed?

No, someone does not have to fully enter a conveyance to commit burglary of a conveyance. An example of burglary of a conveyance could include reaching through an open car window to swipe a wallet off of someone’s passenger seat. Entry requires only that part of a person or a tool they are holding enter the conveyance. Polk v. State, 825 So.2d 478 (Fla. 5th DCA 2002).

#4 – Is burglary of a conveyance a felony or misdemeanor?

Burglary of a conveyance is a felony in Florida. The severity of the potential penalties depends on the allegations in the case:

• If the burglary was of an unoccupied conveyance (nobody inside), it is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine
• If the burglary of a conveyance occurs while another person is inside (occupied), it is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine
• If someone commits an assault or battery on an occupant, enters while (or becomes armed with) a weapon or explosive, uses a vehicle as an instrument of the crime (e.g. crashing into someone’s car to burglarize it), or causes property damage over $1,000, burglary of a conveyance is a first-degree felony punishable by up to life (PBL) in prison

#5 – Is burglary of a conveyance covered by Florida’s 10-20-Life law?

Yes, burglary of a conveyance is subject to Florida’s 10-20-Life law, which provides enhanced mandatory minimum penalties for the use of a firearm during the offense. Under Fla. Stat. 775.087 (the 10-20-Life law), the mandatory minimum penalties for burglary of a conveyance with a firearm are as follows:

• If the firearm is carried or brandished during the offense, a mandatory minimum of 10 years in prison
• If the firearm is discharged during the offense but does not injure or kill anyone, a mandatory minimum of 20 years
• If the firearm is discharged and injures or kills a victim, a mandatory minimum of up to 25 years to life in prison

The 10-20-Life law overrides the typical maximum sentences for an offense if the mandatory minimum under 10-20-Life is greater than the statutory maximum. So, someone can receive a mandatory minimum of 10 years in prison if they burglarize an unoccupied conveyance while armed – despite this being a third-degree felony (usually a maximum of 5 years in prison).

#6 – What if the burglary of a conveyance occurs during a riot or aggravated riot?

If burglary of a conveyance occurs in furtherance of a riot or aggravated riot, burglary of an unoccupied conveyance becomes a second-degree felony (up to 15 years and a $10,000 fine), and burglary of an occupied conveyance becomes a first-degree felony (up to 30 years in prison and a $10,000 fine).

#7 – Is it still burglary if the conveyance was unlocked?

Yes, burglary of a conveyance can still occur when the conveyance (e.g. car, truck, train) is unlocked. The key question is whether someone unlawfully entered or remained inside the conveyance, with the intent to commit an offense therein. 

Florida’s courts have been clear that entering or remaining without an owner’s consent is the key in deciding whether burglary occurs. It does not matter whether the door was unlocked, unless the defendant received permission to go through it. State v. Hankins, 376 So.2d 285 (Fla. 5th DCA 1979)

#8 – What “offenses” do I have to intend to commit inside for burglary to occur?

Any crime other than burglary or trespass (inherently committed when a burglary occurs) qualifies as a separate offense for purposes of a burglary of a conveyance charge. Examples may include:

• Entering a conveyance to steal someone’s wallet (theft)
• Entering a conveyance with the intent to vandalize/damage it (criminal mischief)
• Entering a conveyance with the intent to hit someone (battery)
• Entering a conveyance with the intent to abduct the occupant (kidnapping)

This does not have to be a felony offense – it can also be a misdemeanor. Even if someone unlawfully enters to swipe a pack of gum off the dashboard, it is burglary of a conveyance. 

#9 – What if I entered or remained with the intent to commit a crime, but changed my mind and didn’t do it?

This is a key question that is often asked. The answer is that burglary of a conveyance occurs at the moment that entry (or unlawful remaining) and intent to commit a separate offense intersect. Even if someone changes their mind and does not end up committing a separate offense, intent to do so at the time of illegally entering or remaining means burglary of a conveyance has occurred. 

However, the State must prove someone intended to commit a separate offense inside the conveyance beyond a reasonable doubt. If the separate offense was never completed or even physically attempted, the State will likely have a difficult time meeting its burden. 

#10 – What is the difference between auto theft and burglary of a conveyance?

Auto theft involves stealing the actual vehicle. Burglary of a conveyance occurs when someone unlawfully enters a vehicle (conveyance) to commit a crime while inside. 

The Florida Supreme Court has made clear these are two separate and distinct offenses – as the “separate offense” for burglary must occur within the conveyance itself. Stealing the entire car from its lawful owner is a different crime (grand theft auto), but a defendant can be charged with both if someone breaks into a vehicle and steals it. State v. Stephens, 601 So.2d 1195 (Fla. 1992)

#11 – What are the defenses to burglary of a conveyance?

There are many defenses available if someone is accused of burglary of a conveyance in Florida, one or more of which may be applicable in any given case. These include:

• Lack of intent to commit a separate crime once inside (e.g. opening a vehicle door just to look inside, then leaving)
• Consent/permission: If the vehicle owner gave permission to enter or remain in the car, burglary is not committed
• Ownership or lawful possession: The defendant had a legitimate possessory interest in the vehicle – they could not burglarize their own property
• Lack of entry: If the person never crossed the “plane” of the vehicle (e.g. trying to open the door but failing), this is not burglary of a conveyance
• Alibi/mistaken identity (e.g. if unreliable eyewitness accounts or fuzzy surveillance footage is the only evidence of the defendant’s presence)
• Not a conveyance under Florida law (e.g. an abandoned vehicle in the woods somewhere that is incapable of transport)
• Procedural defenses (e.g. challenging unlawful searches and seizures, moving to suppress a defendant’s post-arrest statements, and more)

In sum, burglary of a conveyance is a very serious felony. By understanding the answers to these FAQs, someone will have a much more comprehensive understanding of this offense in Florida. If you or a loved one is involved in a burglary of a conveyance case, it is vital to seek out an experienced and aggressive Florida criminal defense attorney.

Being charged with burglary is very serious. A conviction could result in lengthy prison sentences and hefty fines. It is vital for someone facing these charges to find experienced and aggressive legal representation as soon as possible.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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