In Florida, all burglary charges are felonies, including those that involve only the act of breaking and entering and no other offense. Most breaking and entering charges in Florida are counts of second-degree burglary and third-degree burglary. A first-degree burglary offense of breaking and entering only occurs if the offender caused more than $1,000 in damages to the structure or dwelling he or she broke into. A first-degree burglary conviction for breaking and entering is punishable by up to $10,000 in fines and 30 years of prison, though a life sentence may be assigned depending on the case.
Third-degree felony burglary charges of breaking and entering are for when an unarmed person enters an unoccupied structure or conveyance and commits burglary without becoming armed with a dangerous weapon or explosive and without committing an offense of assault or battery. A conviction for breaking and entering under third-degree felony burglary charge is punishable by a maximum of five years in prison and a fine of $5,000. Breaking and entering as a second-degree felony charge of burglary occurs when the offender enters or remains in:
Any dwelling, occupied or unoccupied
An occupied structure
An occupied conveyance
An authorized emergency vehicle
A structure or conveyance when the offender's intent is to commit theft of a controlled substance, which shall be punished separately from any related drug possession or trafficking crimes
The maximum punishment for a second-degree felony burglary offense of breaking and entering in Florida is $10,000 in fines and 15 years in Florida State Prison. All Florida felonies also come with additional sanctions like the loss of certain civil rights and ineligibility for certain educational and employment opportunities.