A burglary occurs if a person enters someone's home or a structure (not open to the public) and intends to commit a crime inside. The severity of punishment for a burglary depends on how the offense is committed. If an assault or battery occurs inside the house, or the burglar has a deadly weapon, it can be a 1st degree felony punishable by up to life in prison. For more specific details about the punishment for this offense, see: Florida Statute 810.02

IF YOU ARE CONVICTED OF A THEFT OFFENSE, THERE IS A MANDATORY REQUIREMENT THAT YOU GIVE THE STATE OF FLORIDA A SAMPLE OF YOUR DNA TO STORE IN A DATABASE AND TO BE USED AGAINST YOU IN ANY FUTURE CRIMINAL CHARGES!

How can it be a burglary if I went into an unlocked car?

Because a car is considered a conveyance, which is one of the things subject to the burglary statue. See Florida Statute 810.011 for definitions.

Lately, in Hernando and Pasco Counties it seems that the police are cracking down on vehicle burglaries. Unfortunately this is a crime committed mostly by juveniles. See the section on juvenile crime for more information. See also Florida Statute 810.02

What about a shed?

It is a Burglary.

What if I was just in the back yard and never in a structure?

It's still a burglary. The back yard, if it was fenced in, is called curtilage, which means it's the surrounding area of the house.

But I never took anything!

It doesn't matter. If the State can prove your intent was to commit a crime therein - any crime, not just theft, it's a burglary. For example, let's say some kids go into the backyard of a vacant house to smoke pot. Assuming the backyard is fenced, it's a burglary. They entered the curtilage of someone else's property with the intent to commit a crime (possession of marijuana). Obviously, this assumes they get caught in possession of the marijuana.

The owner gave me consent to be on or in the property.

Consent is a defense to burglary. However, if the State can show consent was withdrawn at any time by the owner, then the initial consent to enter does not matter. For example, let's say someone is at a party which they were invited to. At some point, the owner of the home asks the person to leave. Consent is withdrawn at that point. If the person stays in the house and commits another crime, it is a burglary after the consent to enter is withdrawn by the owner. Unless another crime is committed, however, it is not necessarily a burglary yet, merely a trespass, unless there is another independent crime committed.

I was drunk, intoxicated, or otherwise not myself when I allegedly committed the crime. Is that a defense?

No. Voluntary intoxication of any sort, from alcohol or drugs, is not a defense. Unless you can prove you were on a valid prescription of your own. In fact, there are almost no crimes where voluntary intoxication is a defense.

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