Many people are surprised to learn that entering an unlocked home can still be illegal in Florida, depending on the circumstances. The assumption is understandable: if there’s no broken window, kicked-in door, or visible damage, it feels like no crime occurred. But Florida law doesn’t see it that way—and that disconnect is often what lands people in serious legal trouble.
The belief that a crime requires forced entry is deeply ingrained. Movies, television, and even everyday language reinforce the idea that “breaking and entering” is the defining feature of burglary. When a door is unlocked, people may assume they’ve crossed into a gray area—or no legal territory at all. Unfortunately, that assumption can be costly. Under Florida law, the absence of force does not automatically make entry lawful.
Instead, Florida focuses on intent. The key legal question isn’t whether a door was locked, but why someone entered the property in the first place. This article clears up common misconceptions about unlocked homes, explains how Florida’s burglary laws actually work, and helps you understand when entering a property crosses the line from a misunderstanding into a criminal offense.
What Florida’s Burglary Law States
Florida’s burglary law is defined under Florida Statute § 810.02, and while the statute itself is detailed, the core concept is simpler than many people expect. In plain terms, burglary in Florida means entering a dwelling, structure, or conveyance with the intent to commit a crime inside, regardless of whether anything is taken or damaged.
One of the most important—and most misunderstood—parts of this law is that “breaking” is not required. Despite the common phrase “breaking and entering,” Florida law does not require force, damage, or violence for a burglary charge to apply. Walking through an unlocked door, open garage, or unlatched window can still qualify as burglary if the intent to commit a crime exists at the time of entry.
The statute also covers more than just the initial act of walking inside. Burglary can occur by “entering or remaining” in a property unlawfully.
This includes situations where someone:
- Enters surreptitiously, meaning secretly or without drawing attention, with the intent to commit an offense inside; or
- Remains inside after permission has been withdrawn, even if the person initially had a lawful reason to be there.
In other words, a burglary charge does not hinge on how someone got inside; it hinges on why they were there and whether they had the legal right to stay. Understanding this distinction is critical because many burglary cases arise not from forced entry, but from assumptions that an unlocked door or prior permission makes entry lawful. Under Florida law, that assumption can be dangerously wrong.
Is Entering an Unlocked Home Illegal in Florida?
Yes, entering an unlocked home can be illegal in Florida, depending on the intent behind the entry. The condition of the door or lock does not determine whether a crime occurred. Instead, Florida law focuses on why someone entered the property in the first place.
If a person enters an unlocked home with the intent to commit a crime, that entry may meet the legal definition of burglary. The law does not require force, damage, or confrontation. Simply crossing the threshold—through an open door, unlocked entrance, or accessible garage—can be enough when criminal intent is present at the time of entry.
This is often where people get caught off guard. Many assume that an unlocked door implies permission or, at the very least, removes criminal liability. In reality, permission must be explicit or clearly implied, and an unlocked home does not automatically grant the right to enter. What matters most is whether the person intended to commit an offense once inside.
That said, not every entry into an unlocked home is a crime. Mistakes, misunderstandings, or situations without criminal intent can significantly alter how a case is viewed. These cases are highly fact-specific, which is why understanding how intent is evaluated under Florida law is so important.
Intent vs. Forced Entry: The Most Misunderstood Element of Burglary
When people hear the word burglary, they often picture a shattered window or a pried-open door. In reality, forced entry is not the legal dividing line—intent is. Under Florida law, burglary hinges on whether someone entered a property with the intent to commit a crime inside, not on whether they broke anything to get in.
“Intent to commit an offense” means that, at the moment of entry—or while remaining inside—the person planned to engage in unlawful behavior. That offense could be theft, vandalism, or another crime. Importantly, the law does not require the crime to be completed. The intent alone, if proven, can be enough to support a burglary charge.
Prosecutors rarely have direct evidence of what someone was thinking, so they attempt to prove intent through circumstances. This may include actions taken before or after entry, statements made to law enforcement, possession of tools or items linked to criminal activity, or behavior suggesting concealment or urgency. Even the time of day or the location within the home can be used to argue intent.
It’s also a common misconception that no theft means no burglary. Someone does not have to leave with stolen property for charges to apply. For example, entering an unlocked home to look for valuables may still be considered burglary, even if nothing is taken. On the other hand, walking into the wrong house by mistake, believing it to be your own or a friend’s, lacks criminal intent and is typically not burglary.
Because intent is often inferred rather than obvious, burglary cases are rarely straightforward. Small details—and how they are interpreted—can make a significant difference in how a case is charged and defended.
Burglary vs. Trespassing in Florida: What’s the Difference?
Burglary and trespassing are often confused, especially when a case involves entering a home without forced entry. While the two offenses may look similar on the surface, Florida law treats them very differently, primarily based on intent and severity.
Under Florida Statute § 810.08, trespassing occurs when a person willfully enters or remains in a structure or conveyance without permission, without being invited, or after permission has been clearly withdrawn. In simpler terms, trespassing is about being somewhere you are not allowed to be—even if no further wrongdoing was planned or carried out.
Burglary, by contrast, requires an additional and much more serious element: intent to commit a crime inside. The moment prosecutors believe they can show criminal intent, a case can shift from trespassing to burglary—even if the entry was quiet, brief, or involved an unlocked door.
Here’s how the two offenses typically differ:
- Intent
- Burglary: Intent to commit a crime inside the property
- Trespassing: Willfully entering or remaining without authorization
- Permission
- Burglary: No lawful right to enter or remain, combined with criminal intent
- Trespassing: No permission, or permission was revoked
- Penalties
- Burglary: Generally charged as a third-degree felony under Florida law
- Trespassing: Typically a second-degree misdemeanor
Because burglary is classified as a felony, it carries significantly harsher penalties and long-term consequences, including the potential for prison time and a permanent criminal record. That distinction is why prosecutors sometimes overcharge cases as burglary when the facts may better align with trespassing—particularly when intent is unclear or based on circumstantial evidence.
Understanding the difference between these two charges is critical. In many cases, the entire defense hinges on whether the state can actually prove criminal intent, or whether the conduct amounts to unlawful presence rather than a felony offense.
Common Misconceptions About Entering an Unlocked Property
Misunderstandings about burglary laws are incredibly common, especially when no force is involved. These misconceptions often lead people to underestimate the seriousness of a situation or assume they’re automatically in the clear. In reality, Florida law takes a much more nuanced approach.
One of the most widespread myths is “If it’s unlocked, it’s not burglary.” An unlocked door does not equal permission. Florida law does not require forced entry for a burglary charge. If someone enters an unlocked home or structure with the intent to commit a crime, the lack of a lock provides no legal protection.
Another common belief is “You have to steal something for it to be burglary.” This is also incorrect. Burglary is based on intent, not outcome. A person does not need to leave with stolen property—or even touch anything—for charges to apply. Entering a home with the intent to commit theft, vandalism, or another offense can be enough, even if nothing ultimately happens.
Many people are also misled by the phrase “breaking and entering.” Despite how often it’s used in everyday language, Florida law does not require anything to be broken. No damaged door, window, or lock is necessary. Quietly walking through an open entrance can carry the same legal consequences as forced entry if criminal intent is present.
These myths persist because they feel logical. But under Florida law, burglary is defined far more by mindset than mechanics. Understanding that distinction can make a critical difference for anyone facing accusations related to entering an unlocked property.
What Happens If You’re Accused of Burglary Without Forced Entry?
Being accused of burglary can feel overwhelming, especially when there was no broken door, no confrontation, and no clear moment where things seemed to cross a legal line. Still, burglary without forced entry is treated seriously under Florida law, and the consequences can escalate quickly if the situation isn’t addressed early.
In many cases, these accusations lead to felony burglary charges, often classified as a third-degree felony. Penalties may include significant fines, probation, or the possibility of incarceration, depending on the circumstances and any prior criminal history. Even when the facts seem unclear, the charge itself can carry lasting consequences, including a permanent criminal record.
In Broward County, cases like this typically begin with an arrest or notice to appear, followed by formal charging decisions from prosecutors. Law enforcement reports, witness statements, and circumstantial evidence are often used to argue intent—sometimes before all the facts are fully explored. Once charges are filed, the case moves quickly through the court system, making early decisions especially important.
This is why seeking legal guidance as soon as possible matters. Early involvement allows a defense attorney to review how intent is alleged, identify weaknesses in the prosecution’s theory, and help prevent unnecessary escalation. While every case is different and outcomes can not be guaranteed, taking prompt action can make a meaningful difference in how an accusation is handled from the start.
Unlocked Doesn’t Mean Legal Under Florida Law
The most important takeaway is simple, but often misunderstood: under Florida law, intent—not locked doors—determines whether a crime occurred. An unlocked home does not automatically make entry lawful, any more than it makes someone guilty. What matters is the purpose behind the entry and how the surrounding facts are interpreted.
Because burglary cases frequently hinge on assumptions and circumstantial evidence, it’s risky to draw conclusions on your own. Situations that begin as misunderstandings can quickly be framed as criminal intent, while serious charges may be filed before all the facts are fully examined. That’s why it’s critical not to assume the worst—or the best—without informed guidance.
If you’re facing questions, accusations, or charges related to entering an unlocked house, speaking with an experienced criminal defense attorney can provide clarity and direction. A careful review of the facts, intent, and legal options can make a meaningful difference in how your case moves forward and help tell your side of the story.
Contact Hager & Schwartz, P.A. to schedule a consultation.
