Burglary of a Dwelling in Florida
A Second-Degree Felony That Frequently Scores Prison
Burglary of a dwelling is treated with particular severity because it involves a place designed for habitation.
A “dwelling” includes any building designed to be lived in — even if temporarily unoccupied.
Under Florida Statutes § 810.02, burglary of a dwelling is typically a Second-Degree Felony, punishable by up to 15 years in prison.
Automatic Prison Scoring Under Florida Guidelines
Under Florida's Criminal Punishment Code:
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Burglary of a dwelling carries high offense severity points.
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With prior record, scores often exceed the prison threshold.
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Judges may have limited discretion once prison is scored.
If the dwelling was occupied, exposure increases significantly.
Defenses in Dwelling Cases
Critical issues include:
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Whether the structure legally qualifies as a dwelling
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Whether consent to enter existed
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Whether intent existed at the time of entry
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Identity disputes
These cases are aggressively prosecuted and emotionally charged, especially where homeowners testify.
Learn more about how our Orlando criminal defense lawyers protect clients facing serious felony and misdemeanor charges here.