Arrested for Burglary in Broward County? Start Building Your Defense.

Getting arrested for burglary in Florida is a serious issue that can affect your freedom, future, and reputation. According to state law, burglary means entering a home, building, or vehicle with the intent to commit a crime inside. It doesn’t matter if nothing was stolen or no one was harmed. If prosecutors believe you entered unlawfully with criminal intent, you might face serious felony charges with life-changing consequences.

That’s why acting quickly is essential.

At Hager & Schwartz, P.A., we know how overwhelming it can be to face accusations of a crime you don’t fully understand. As former state prosecutors, we’ve seen how quickly these cases develop and how aggressively they’re pursued. We now use that experience to defend our clients with focus and strategy, finding weaknesses in the prosecution’s case and using them to safeguard your rights.

The earlier you involve an experienced attorney, the more chances to build a strong defense. Early action can lead to reduced charges, alternative sentencing options, or even case dismissal in the right circumstances. Our team is ready to start immediately—gathering evidence, reviewing the arrest, and developing a personalized legal strategy based on the facts of your case.

Contact us for a free consultation. Let us help you regain control of your case.

Florida Burglary Laws

Florida Statute § 810.02 defines burglary as the unlawful entry into a dwelling, structure, or conveyance with the intent to commit a crime inside. That crime doesn’t have to be theft—it can include assault, criminal mischief, or any other offense.

At its core, burglary involves three key elements:

• Entering a premise: The defendant entered a structure, dwelling, or conveyance.
• Unlawful entry: Entering a place where the person does not have legal permission to be.
• Intent to commit a crime: The person enters with the purpose of committing an offense.

Burglary is often confused with similar-sounding offenses.

So, let’s break down a few related terms:

• Breaking and entering is a phrase commonly used to describe burglary, but in Florida, physical “breaking” (like smashing a window) isn’t required. Simply entering unlawfully is enough.
• Unlawful entry means entering without permission or after permission has been withdrawn.
• Trespassing occurs when someone unlawfully enters or remains on someone else’s property without intent to commit a crime. Burglary, however, involves that additional criminal intent, which makes it a much more serious charge.

Types of Burglary Charges

Florida law recognizes several types of burglary, each with unique elements and penalties.

Burglary of a Dwelling

This occurs when someone unlawfully enters a home or residence with the intent to commit a crime. The law applies whether anyone is inside at the time.

Example: Entering someone’s house while they’re at work to steal electronics.

Burglary of a Structure

This offense involves entering any non-residential building—like a business, school, or storage unit—with the intent to commit a crime.

Example: Breaking into a locked restaurant after hours intending to vandalize or steal.

Burglary of a Conveyance

In Florida, a “conveyance” refers to any vehicle used to transport people or property. That includes cars, trucks, boats, trains, trailers, and aircraft.

Example: Opening a parked car with the intent to steal a laptop inside.

Armed Burglary

The burglary charge is elevated significantly if a person is armed when entering or becomes armed while inside. Even picking up a weapon found at the scene can turn a burglary into a life felony.

Example: Entering a home to steal and grabbing a kitchen knife while inside.

Burglary with Assault or Battery

If someone commits or intends to commit violence or threats against another person while unlawfully inside a dwelling, structure, or conveyance, the charge escalates.

Example: Breaking into an ex-partner’s home and physically assaulting them during a confrontation.

Residential vs. Commercial Burglary

While both are serious, residential burglary (targeting a home) is generally viewed as more severe because of the personal connection to the space and the potential danger to residents. Commercial burglary involves business locations and may have different sentencing guidelines based on the value of the stolen goods or property affected.

Example of residential: Breaking into a private residence.

Example of commercial: Entering a retail store after hours to steal merchandise.

Being accused of burglary can be overwhelming. Whether you’re facing charges due to a misunderstanding, a single mistake, or mistaken identity, our team is ready to build a defense based on the details of your case. As former state prosecutors, we know how to challenge the prosecution’s story and use that knowledge to your benefit.

Burglary Penalties in Florida

Facing burglary charges in Florida is not just a legal issue. It can be a life-changing experience. The penalties are severe, and the consequences can go well beyond jail time. Florida considers burglary a felony, but the seriousness of the charge largely depends on the details of the alleged offense. Factors like whether a weapon was involved, if someone was home, or if violence took place—all these details matter. We help clients understand what they’re up against and develop smart, strategic defenses to safeguard their futures.

Florida law breaks burglary offenses into three felony degrees, each with its sentencing guidelines and long-term implications:

First-Degree Felony Burglary

First-degree is the most serious form of burglary. 

A burglary becomes a first-degree felony when any of the following occurs:

• The person is armed or becomes armed while committing the burglary.
• The person commits an assault or battery during the burglary.
• The burglary results in damage to the dwelling, structure, or property, for example, using explosives or causing significant destruction.

Penalty: Up to life in prison and substantial fines.

Second-Degree Felony Burglary

A burglary is charged as a second-degree felony when:

• The person is not armed and does not commit assault or battery, and
• The person enters or remains in an occupied dwelling, structure, or conveyance.

Penalty: Up to 15 years in prison, probation, and/or fines up to $10,000.

Third-Degree Felony Burglary

This lesser charge applies when:

• The person is not armed, does not commit assault or battery, and
• The person enters or remains in an unoccupied structure or conveyance (such as a vacant storage shed or an empty vehicle).

Penalty: Up to 5 years in prison, potential probation, and/or fines up to $5,000.

Additional Consequences of a Burglary Conviction

Beyond incarceration and fines, a burglary conviction can have lasting ripple effects:

• A felony criminal record can limit job opportunities and housing options.
• Restrictions on civil rights, including the right to vote or possess a firearm.
• Probation often includes mandatory check-ins, curfews, and travel restrictions.
• Courts may order restitution to compensate property owners for damages or stolen items.

We recognize the seriousness of these charges—legally, emotionally, and personally. Our attorneys, former state prosecutors, leverage insider knowledge to find weaknesses in the prosecution’s case and craft strong defenses tailored to your situation. If you’re facing burglary charges in Fort Lauderdale, seek legal help immediately.

Strategic Defenses for Burglary Charges

Burglary charges can stem from various situations, including misunderstandings or complex personal issues. No matter the case, one thing remains the same: you need a defense strategy that presents the full story, not just what’s in a police report.

We don’t believe in a one-size-fits-all defense. Every case is unique, and so is every client. That’s why we take the time to understand your specific facts, context, and challenges. From there, we develop a tailored legal strategy aimed at minimizing the consequences or eliminating the charges.

As former state prosecutors, we’ve handled cases from both sides of the courtroom. We understand how the State builds its case, what evidence it relies on, and where its arguments often fall apart. That experience gives us a strategic edge when defending against burglary charges in Fort Lauderdale.

Depending on the facts of your case, potential defense strategies may include:

• Lack of intent: Burglary requires intent to commit a crime upon entering the property. If that intent didn’t exist, the charge may not hold.
• Consent to enter: If you had explicit or implied permission to be on the premises, we may be able to challenge the accusation of unlawful entry.
• Mistaken identity: Eyewitness misidentification and unreliable surveillance footage are more common than people realize. We work to uncover the truth.
• No crime committed: If no offense occurred inside the dwelling, structure, or vehicle, the burglary element may not apply.
• Illegal search or arrest: If law enforcement violated your rights, such as entering without a warrant or detaining you without probable cause, we can move to have evidence suppressed.

We also examine whether diversion programs or reduction of charges could be options, particularly for first-time or non-violent offenders.

When you work with us, you’re not just hiring lawyers. You’re gaining advocates who genuinely care about pursuing a favorable outcome. Our defense strategies are customized, based on the facts of your case and backed by decades of combined legal experience.

Schedule a Free Consultation with a Fort Lauderdale Burglary Lawyer

If you’ve been arrested or charged with burglary, time is not on your side. The sooner you involve an experienced defense attorney, the more options you’ll have to protect your rights and future. Burglary charges in Florida can result in life-changing penalties, but with the right legal team, you don’t have to face them alone.

At Hager & Schwartz, P.A., we leverage our extensive criminal law knowledge to fight for you. As former state prosecutors, we know how burglary cases are built and how to break them down. Our defense strategies are carefully tailored to the specific facts of each case, aimed at finding weaknesses in the prosecution’s arguments and striving for an optimal result.

Whether you’re under investigation, have just been arrested, or are already facing formal charges, we’re prepared to step in and act immediately. From the moment you contact us, we’ll evaluate your case, collect essential details, and pursue every legal option. Contact our Fort Lauderdale burglary defense attorneys to schedule a free, confidential consultation. We’re here when you need us most.