Category: Criminal Offenses · Statute: F.S. 810.02(3)(a) · Source: Florida Legislature
Understanding Burglary of an Occupied Dwelling in Florida
Under Florida Statute Section 810.02, Burglary of an Occupied Dwelling occurs when an individual enters or remains in a structure designed for lodging while another person is physically present inside, with the intent to commit an offense therein. Unlike trespass, which is merely unauthorized entry, burglary requires proof of criminal intent at the moment of entry or while surreptitiously remaining. The law defines a "dwelling" broadly to include not only permanent houses, but also mobile homes, trailers, or outbuildings attached to the main residence, such as an enclosed garage or a screened porch.
The presence of another person inside the home at the time of the offense is what elevates this charge from a third-degree felony to a second-degree felony, reflecting the state's heightened interest in protecting sanctity of life and preventing violent confrontations. If the offender becomes armed with a dangerous weapon, commits an assault or battery on any occupant, or uses a motor vehicle to assist in the entry and causes property damage, the charge is further elevated to a first-degree felony, which carries a maximum penalty of life imprisonment.
Bail and Pretrial Release for Occupied Burglary
Because Burglary of an Occupied Dwelling is classified as a second-degree felony (or first-degree, if armed), it is categorized as a "dangerous crime" under Florida Statute Section 907.041. Consequently, defendants are typically held without bond until their first appearance hearing, where a judge must evaluate specific statutory safety factors before setting bail. Due to the high severity ranking of this offense on the Florida Criminal Punishment Code worksheet, judges frequently impose high cash or surety bond amounts, alongside mandatory "no-contact" orders prohibiting the defendant from returning to the address or contacting the occupants.