Category: Criminal Offenses · Statute: F.S. 810.02(1)(b) · Source: Florida Legislature
Understanding Burglary of a Conveyance (Auto Burglary) in Florida
In Florida, Burglary of a Conveyance occurs when someone enters a vehicle, vessel, aircraft, or railroad car without permission, intending to commit a crime inside. Under Florida Statute Section 810.02, a "conveyance" most commonly refers to a passenger car, truck, or SUV. To secure a conviction, the state must prove not only that the defendant crossed the threshold of the vehicle—which can be as simple as reaching an arm through an open window—but also that they possessed the specific intent to commit an offense, such as theft, once inside. This distinguishes auto burglary from simple trespassing or criminal mischief.
The severity of this charge escalates rapidly based on the circumstances of the entry. While entering an unoccupied, locked car to steal a smartphone is classified as a third-degree felony, the charge is elevated to a second-degree felony if another person is lawfully inside the vehicle at the time of the entry. Furthermore, if the offender becomes armed with a dangerous weapon or explosive during the commission of the crime, or commits an assault or battery upon any person inside, the offense is elevated to a first-degree felony, carrying a maximum penalty of life in prison.
Bail and Pretrial Release for Auto Burglary
Bail amounts for Burglary of a Conveyance vary significantly based on the felony classification. A standard third-degree auto burglary typically carries a moderate bond on local county sheriff schedules, but if the charge is elevated to a first-degree felony due to being armed, the defendant may face a "no-bond" status initially. In these serious cases, the defendant must remain in custody until a judge conducts a first appearance hearing to evaluate the risk to the community and set an appropriate cash or surety bond.