Burglary with Assault or Battery in Florida
First-Degree Felony Punishable by Life
Burglary with assault or burglary with battery is also classified as a First-Degree Felony Punishable by Life under Florida Statutes § 810.02.
The charge applies when a burglary occurs and, during the course of that burglary, the accused commits:
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An assault; or
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A battery upon any person.
What Counts as Assault or Battery?
Under Florida law:
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Assault is an intentional, unlawful threat to do violence, coupled with the apparent ability to carry it out.
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Battery is an intentional, unwanted touching or striking.
Even minimal physical contact can elevate a burglary charge to a life-punishable felony.
Common Fact Patterns
These charges frequently arise from:
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Domestic disputes
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Former partner conflicts
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Confrontations during alleged theft
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Business disagreements that escalate
Often, credibility disputes are central. The alleged “assault” may be contested or exaggerated.
Sentencing Consequences
Because the offense is punishable by life, sentencing exposure includes:
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Up to life imprisonment
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Potential firearm enhancements
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Significant sentencing guideline scores
When life exposure is on the table, aggressive litigation is essential.
Read more about our criminal defense approach here.