What is Entering for Purposes of Burglary in Florida?

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, burglary (Fla. Stat. 810.02) is a serious felony offense. It involves someone illegally entering or remaining a dwelling, structure or conveyance with the intent of committing a separate crime therein. Depending on the facts of the case, burglary charges range from a third-degree felony (up to 5 years in prison) to a first-degree felony punishable by life in prison.

A key element of burglary in establishing if someone is alleged to have entered a structure, conveyance or dwelling unlawfully is whether or not they actually entered it. Though someone may be charged with attempted burglary if they were prevented from doing so (e.g. the door was locked), actual burglary charges require an unlawful entry (or remaining).

But what truly counts as entering for burglary purposes in Florida? The answer is that if any part of someone’s body unlawfully enters a structure, dwelling or conveyance, and the person has the intent to commit a crime therein, burglary has occurred.

This blog will outline the elements of burglary in Florida, potential penalties, and discuss what counts and does not count as “entering” for purposes of supporting a burglary charge.

For someone to be guilty of burglary in Florida, the State must prove all of the following elements beyond a reasonable doubt:

• The defendant entered or remained within property (structure, dwelling or conveyance) without the consent of the owner
• The defendant had the intent to commit a separate crime inside when they did so (such as theft), even if this crime was never completed 
• The property was a dwelling (a building designed for lodging, either permanently or temporarily), structure (non-residential buildings like garages or offices) or conveyance (car, truck, van, etc.)

Hypothetical examples of acts that constitute burglary under Florida law include:

• A man opens the door of an unlocked vehicle at a gas pump and takes a wallet from the glove compartment while the vehicle’s owner is in the store (burglary of a conveyance)
• A teen enters a neighbor’s home to grab a beer from their fridge without permission (burglary of a dwelling)
• Someone slips through the unlocked back door of a grocery store and proceeds to steal multiple items (burglary of a structure)

It is important to note that even though intent to commit theft is commonly associated with burglary, burglary involves unlawfully entering or remaining (trespass) with the intent to commit any other crime with two exceptions: burglary (the charged crime) or trespass (automatically committed during a burglary). Ellis v. State, 425 So.2d 201 (Fla. 5th DCA 1983)

Burglary is always a felony in Florida, and carries a wide range of penalties depending on the facts of a given case:

• Third-degree felony (up to 5 years in prison and a $5,000 fine): Burglary of an unoccupied structure or conveyance with no aggravating factors (e.g. not armed, no assault or battery)
• Second-degree felony (up to 15 years in prison and a $10,000 fine): Burglary of an occupied or unoccupied dwelling, or burglary of an occupied structure or conveyance without aggravating factors (no weapon, no assault/battery)
• First-degree felony punishable by life in prison: Armed burglary (use of a deadly weapon such as a knife or firearm), or burglary with an assault (threat of imminent unlawful violent contact) or battery (unlawful physical contact)
• First-degree felony punishable by life: Burglary involving the use of a vehicle as a weapon (such as smashing through the wall of a business with a car and then burglarizing it), or causing more than $1,000 in damage to the property during the burglary

Note: Armed burglary requires the weapon to be within the immediate physical reach of the defendant and an intent to use it during the offense. Barrett v. State, 983 So. 2d 795 (Fla. DCA 4th 2008). The defendant can either come in with the weapon or acquire it during the burglary.

Burglary is also subject to the following sentencing enhancements:

• Florida’s 10-20-Life law (Fla. Stat. 775.087): 10-year mandatory minimum prison sentence if a firearm is carried or brandished during a burglary, 20 years if fired, 25 years to life if the discharge results in injury or death to a victim
• PRR, HFO, HVFO, VCC, TTVFO: Statutory enhancements under Fla. Stat. 775.082 and 775.084 that significantly increase the mandatory minimum and maximum exposure a defendant faces – especially if they have prior felony convictions and were recently released.

For purposes of burglary, entry occurs when any part of someone’s body enters or remains in a structure, dwelling or conveyance unlawfully and the person has the intent to commit a separate crime therein. Polk v. State, 825 So.2d 478 (Fla. 5th DCA 2002).

In Polk, the appellant was convicted of burglary after placing his arm inside a window with the intent to open a latch. He argued that only a portion of his arm ever went inside the dwelling he was convicted of burglarizing. However, the court ruled that burglary does not require entry of someone’s entire person – even a portion of someone’s body is enough. 

A burglary can occur even when someone removes property from an unlocked or open portion of a vehicle, including an uncovered bed of a pickup truck. In Barton v. State, Barton was accused of reaching into the bed of a pickup truck to steal a bicycle. He was convicted of burglary of a conveyance in addition to the theft of the bike. Barton v. State, 797 So.2d 1276 (Fla. 4th DCA 2001).

On appeal, Barton argued he did not enter the conveyance (truck) so could not be convicted of burglary. But the court disagreed, holding that by reaching in over the top of the side rails of the pickup truck’s bed, Barton “entered” the truck for burglary purposes.

The same principle applies for dwellings. In Ferrara v. State, the appellant stole a screen door from the porch of a home. Convicted of burglary, Ferrara argued he did not enter the dwelling. However, the court held that since it was necessary for Ferrara’s hands to enter the porch area of the home for the door to be stolen, burglary was committed. Ferrara v. State, 19 So. 3d 1033 (Fla. 5th DCA 2009).

A tool someone is holding can also be used to establish entry for burglary purposes. Baker v. State, 622 So.2d 1333 (Fla. 1st DCA 1993); State v. Spearman, 366 So.2d 775 (Fla. 2d. DCA 1978).

Examples of burglary has occurred under Florida law because a tool or instrument has partially or entirely entered include:

• C, holding a crowbar, walks into a dwelling without permission, but only part of the crowbar makes it through the doorway before the alarm goes off and he runs away.
• D approaches a locked storefront at night holding a slim jim (car door unlocking tool). D pushes just the tip of the tool through the gap in the doorframe to try to test the lock, but before he can do anything further, a security guard shouts at him and he runs off.
• E approaches a warehouse loading dock with a cordless drill. E slips the drill bit through a small hole in the plywood covering a window, intending to start removing the covering, but then hears approaching footsteps and flees.

Note: If someone is found with a “machine, tool or implement” in their possession that they used or intended to use in the commission of a burglary or trespass, and performed an overt act towards committing burglary or trespass, they may face a possession of burglary tools charge.

Clearly, there is a broad definition of “entering” when a burglary is alleged to have involved unlawful entry of a structure, dwelling or conveyance.

However, there are many defenses to burglary in Florida, which include:

• No entry: If actual entry did not occur (such as standing on the steps), this is not a burglary.
• Consent or invitation to enter 
• Mistaken identity/alibi
• The area entered was not a dwelling, structure, or conveyance (such as an open yard)
• Open to the public (no burglary in an open grocery store, for example – though someone may be charged with robbery or another offense depending what they do while inside)
• Involuntary intoxication (under limited circumstances): If the intoxication (ingestion of alcohol, drugs, etc.) was caused by force, fraud or medical necessity – and the defendant was incapable of forming intent to commit the act at the time as a result. Brancaccio v. State, 698 So. 2d 597 (Fla. 4th DCA 1997). Voluntary intoxication is not a defense.
• Abandonment: The defendant decided not to commit a burglary voluntarily before going through with it 

In sum, the definition of “entry” for burglary purposes in Florida is extremely broad. As long as any part of the defendant’s body or even something they are holding enters a structure, dwelling or conveyance – and the defendant has the intent to commit a separate crime inside – burglary has been committed.

However, the State must still prove entry beyond a reasonable doubt. In certain cases, there may be circumstantial evidence indicating entry occurred (e.g. someone running away after an alarm goes off), but no direct evidence. If direct evidence of entry (e.g. camera footage) does not exist, arguing lack of proof of entry may be a powerful defense.

If someone is arrested and formally charged in Florida in a case involving burglary, attempted burglary or theft, it is critical to find experienced and trusted legal representation as soon as possible. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

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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