Florida Burglary Penalties (2026)

Burglary and breaking-and-entering charges charges in Florida: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing burglary charges in Florida, consult a licensed Florida criminal defense attorney.

Florida Burglary Penalties

OffensePenalty
First Offense3rd degree felony: up to 5 years prison
Second Offense1st degree felony: up to 30 years prison

FL Stat. §810.02; 1st degree involves armed burglary or assault during burglary

Burglary Statute of Limitations in Florida

In Florida, the statute of limitations for theft and property crimes is generally 3 years.

See all Florida statutes of limitations →

Defending Against Burglary Charges in Florida

Common defenses in Florida burglary cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Florida criminal defense attorney for advice.

Related Florida Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication