What Is Burglary?

Burglary is the unlawful entry of a dwelling, structure, or conveyance owned by another, with the intent to commit a crime. It also applies when a person remains after permission has been revoked and intends to commit a crime. In Florida, burglary is a first-degree felony that can result in life imprisonment depending on severity.

Burglary vs. Trespassing

While related, burglary and trespassing differ in severity:

• Burglary: Unlawful entry with intent to commit a crime, charged as a felony.
• Trespassing: Unlawful entry without criminal intent, charged as a misdemeanor.

Possession of Burglary Tools

Carrying tools intended for burglary—like crowbars, lock picks, ropes, masks, or explosives—is illegal. Depending on the circumstances, this can be a misdemeanor or felony and result in incarceration, probation, fines, and restitution.

Trespassing Offenses

• In Structure or Conveyance: Willful entry or remaining without permission, or refusal to leave after permission is revoked. Typically a second-degree misdemeanor (up to 60 days in jail).
• On Property Other Than Structure or Conveyance: Up to 1 year in jail and $1,000 fine.
• On School Property With a Firearm or Weapon: Third-degree felony, up to 5 years in prison and $5,000 fine.
• On School Grounds or Facilities Without Authorization: Second-degree misdemeanor (up to 60 days in jail and $500 fine). If remaining after warning by principal/designee, first-degree misdemeanor (up to 1 year in jail or probation, $1,000 fine).

Additional Consequences

• Placing Signs Adjacent to Highway: Requires proper permits; violation can result in charges under Florida law.
• Breaking or Damaging Fences: Criminal mischief; penalties range from second-degree misdemeanor (60 days in jail) to third-degree felony (up to 5 years in prison) depending on malice.
• Unauthorized Entry Upon Land: Entering land without permission is generally a misdemeanor.
• Trespassing with Larceny of Utility Services: First-degree misdemeanor; fine up to three times the value of services or $1,000, whichever is greater.
• Impairing or Impeding Telephone or Power to Facilitate Burglary: Third-degree felony.

Need a Burglary & Trespass Lawyer in Tampa, FL?

Burglary is a felony and trespass a misdemeanor – both carry serious consequences. The Criminal Justice lawyers at McCulloch Law P.A. in Tampa, FL, can guide you through the legal system and help achieve the best possible outcome for your case.