Breaking and Entering

Under Florida law, breaking and entering is the act of trespassing on property with the intention to commit a crime. Also known as “burglary”, breaking and entering typically involves a motive to steal possessions. Despite its name, actually “breaking” into the house by using force is not required to be charged with burglary. Even if an offender enters through an unlocked door or open window, he or she may be charged with breaking and entering, as long as the offender entered the property unlawfully without the owner’s permission.

Burglary Charges

In Florida, all burglary offenses are classified as felonies. While some people may believe a felony charge is an overly harsh penalty for a first-time case of breaking and entering, the state takes such cases very seriously. Breaking and entering often results in costly theft, threatens residents including children, and may result in assault, battery, or even the death of a resident. For this reason, even minor instances of breaking and entering could result in a felony if convicted.

Penalties for Breaking and Entering

Depending on the tools used, harm or damage caused, and whether the trespasser possessed a deadly weapon at the time of the burglary, he or she may be charged with a third-, second-, or first-degree felony. Florida courts issue long prison sentences to felons of any degree:

  • Third-degree felony: Up to 5 years in prison
  • Second-degree felony: 5 years to 15 years in prison
  • First-degree felony: 15 years to life in prison

If you have been arrested for breaking and entering, you are facing a significant charge. Consider consulting with a criminal defense attorney immediately to help you prepare your defense for court.

Contact Us

For sound legal advice and assistance with your breaking and entering case, don’t hesitate to contact an aggressive, experienced West Palm Beach criminal attorney from Eric N. Klein & Associates, P.A. today at 561-353-2800.

Free Case Evaluation





Office Locations

Boca Raton
4800 N. Federal Highway
Building B, Suite 307
Boca Raton, FL 33431
561-353-2800

West Palm Beach
777 South Flagler Drive
Suite 800 - West Tower
West Palm Beach, FL 33401
561-353-2800

Fort Lauderdale
110 East Broward Blvd.
Suite. 1700
Fort Lauderdale, FL 33301
954-580-8080

Video Center