Understanding Florida Statute §810.02 and How a Strong Defense Can Protect Your Freedom

As a Florida Burglary Defense Lawyer, I have represented many individuals accused of crimes involving property, vehicles, or other conveyances. One of the most misunderstood offenses under Florida law is “Burglary of an Unoccupied Conveyance.” People are often surprised to learn that entering an unoccupied car, boat, trailer, or similar vehicle without permission can lead to a serious felony charge. Even if nothing was taken, the mere act of entering with the intent to commit a crime can result in a life-altering conviction.

Under Florida Statutes §810.02, burglary charges carry steep penalties, including imprisonment, probation, and a permanent criminal record that can jeopardize your career, housing, and personal relationships. However, with skilled representation and a detailed defense strategy, it is possible to challenge these allegations, negotiate reduced penalties, or even obtain a dismissal.

Every case I handle begins with understanding the client’s situation, the police report, and the specific evidence the prosecution intends to rely upon. When your freedom and record are on the line, you need a private attorney who can move quickly to protect your rights and challenge weak or unconstitutional evidence.

Florida Statute §810.02 Explained

Florida Statute §810.02 defines burglary as follows:

“Burglary means entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter.”

A “conveyance” under §810.011(3) includes:

“Any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car.”

If the conveyance is unoccupied at the time of the incident, and no assault, battery, or weapon is involved, the offense is generally charged as a third-degree felony under §810.02(4).

Third-degree felony penalties include:

  • Up to 5 years in prison

  • Up to 5 years of probation

  • Up to a $5,000 fine

However, the classification can change based on the circumstances. For example, if the burglary involves tools, damage, or theft of property, the prosecution might pursue enhanced penalties under Florida’s sentencing guidelines.

Why Intent Matters

The critical element in any burglary case is intent. The prosecution must prove that you entered the vehicle intending to commit a crime inside. If you entered without criminal intent—for example, to retrieve property you believed was yours or to seek shelter during bad weather—then the elements of burglary are not satisfied.

As a defense attorney, my role is to carefully examine the evidence to determine whether the prosecution can prove intent beyond a reasonable doubt. Often, surveillance footage, witness testimony, or police assumptions are flawed. Misinterpretation of behavior frequently leads to wrongful arrests.

The Importance of Hiring a Private Florida Burglary Defense Lawyer

Public defenders are often overburdened and may not have the resources to investigate every angle of your case. A private defense attorney has the time and experience to challenge every piece of evidence and identify weaknesses in the prosecution’s case.

In burglary of an unoccupied conveyance cases, it’s common for police to assume intent based on circumstantial factors. I frequently see cases where fingerprints, proximity to the vehicle, or general suspicion lead to charges without solid proof. A skilled attorney can file motions to suppress evidence obtained illegally, question witness credibility, and demonstrate alternative explanations for your actions.

Every minute counts after an arrest. The sooner an attorney intervenes, the greater the chances of avoiding formal charges, reducing the offense, or obtaining a pretrial diversion program that results in dismissal.

Real Case Example

I once represented a young man from Hillsborough County who was charged with burglary of an unoccupied conveyance after being found inside a neighbor’s unlocked car late at night. The police claimed he was attempting to steal a wallet. However, the truth was far more innocent. The client was intoxicated after a neighborhood gathering and mistakenly entered the wrong vehicle thinking it was his own.

Through body camera footage and witness statements, we proved there was no intent to commit a crime. The prosecutor initially refused to drop the charge, so we filed a motion to dismiss for lack of probable cause. After a contested hearing, the court agreed that there was insufficient evidence of criminal intent. The charge was dismissed, and my client’s record was later expunged.

This case demonstrates why quick legal action and a thorough investigation are critical. Without proper representation, the young man could have faced a felony conviction and years of lost opportunities.

Legal Defenses to Burglary of an Unoccupied Conveyance

When defending these charges, I explore every possible legal and factual defense available under Florida law. Some of the most effective defenses include:

1. Lack of Intent
If there is no evidence of intent to commit a crime inside the conveyance, the charge cannot stand. This is often the strongest defense.

2. Consent or License to Enter
If you had permission or an implied right to enter the conveyance, there is no burglary. For instance, if a friend previously gave you access or invited you to retrieve something, the prosecution’s case weakens.

3. Mistaken Identity
Surveillance videos and eyewitness accounts are often unreliable. Lighting, angles, and stress can cause witnesses to misidentify suspects.

4. Lack of Proof of Entry
In some cases, police cannot prove that you actually entered the vehicle. Simply touching or pulling on a door handle is not sufficient to establish entry.

5. Illegal Search or Seizure
If the police violated your Fourth Amendment rights by conducting an unlawful search or seizure, critical evidence may be suppressed, leading to dismissal.

6. No Criminal Act Committed Inside
If you entered the vehicle but did not attempt to steal, damage, or commit any crime inside, the state may have difficulty proving the required intent.

A private attorney’s role is to apply these defenses strategically based on your case’s facts and the prosecution’s evidence.

How Prosecutors Build Their Case

Prosecutors rely heavily on circumstantial evidence such as:

  • Fingerprints or DNA recovered from the vehicle

  • Surveillance video

  • Witness accounts

  • Statements made to police

However, each of these forms of evidence can be challenged. Fingerprints only prove contact, not intent. Videos can be misinterpreted. Witnesses can be mistaken. My experience allows me to spot the weaknesses others might overlook.

Florida’s Sentencing and Enhancement Factors

Under Florida’s Criminal Punishment Code, burglary charges can carry enhancements if aggravating circumstances exist, such as:

  • Damage to property exceeding $1,000

  • Use of burglary tools (§810.06)

  • Prior felony convictions

Even for first-time offenders, a conviction can permanently affect employment and background checks. Therefore, early intervention by a Florida Burglary Defense Lawyer can prevent prosecutors from overcharging or seeking unnecessary enhancements.

Alternative Sentencing and Pretrial Diversion

For first-time offenders, Florida’s pretrial diversion programs offer an opportunity to avoid a conviction. These programs often require restitution, community service, and completion of counseling. Once completed, the charges are dismissed.

I often negotiate for these alternatives, especially when the facts suggest misunderstanding, intoxication, or youthful behavior rather than deliberate criminal intent.

Expungement and Sealing of Records

If your case is dismissed or you are acquitted, you may qualify to have your record sealed or expunged under Florida Statutes §943.0585. This process clears your record from public view, helping you move forward without the stigma of a criminal charge.

An experienced defense attorney can guide you through this process to ensure proper filing and court approval.

Why You Need a Private Florida Burglary Defense Lawyer

Burglary of an unoccupied conveyance may seem minor compared to violent felonies, but it can still result in lifelong consequences. A felony conviction can:

  • Restrict your right to vote or possess a firearm

  • Limit job opportunities

  • Prevent professional licensing

  • Lead to deportation for non-citizens

A private lawyer can provide immediate action, personalized strategy, and strong courtroom advocacy. I work directly with clients to uncover all available evidence, challenge police conduct, and build a defense that seeks the best possible outcome.

Florida Statutes Commonly Cited in Burglary Cases

  • §810.02 – Burglary: Defines burglary and its varying degrees.

  • §810.011 – Definitions: Clarifies the meaning of conveyance.

  • §810.06 – Possession of Burglary Tools: Criminalizes possession of tools used to commit burglary.

  • §812.014 – Theft: Often charged in conjunction with burglary when property is stolen.

  • §775.082, §775.083 – Penalties: Outlines statutory penalties for felony convictions.

A deep understanding of these statutes and how they interact allows a defense attorney to identify flaws in the prosecution’s theory and craft persuasive arguments for mitigation or dismissal.

Florida Burglary Defense Frequently Asked Questions

How serious is a charge for burglary of an unoccupied conveyance in Florida?
It is a third-degree felony, punishable by up to five years in prison, five years of probation, and a $5,000 fine. Even if you never took anything or caused damage, prosecutors can pursue felony charges based solely on intent. Having a private Florida Burglary Defense Lawyer can make the difference between a conviction and a dismissal.

Can a burglary charge be reduced to trespassing?
Yes. When intent to commit a crime cannot be proven, a skilled defense attorney can argue for reduction to trespass under §810.08, which is often a misdemeanor. This significantly lowers potential penalties and helps preserve your record.

What if I entered the vehicle by mistake?
Mistaken entry is a valid defense. If you believed the car was yours or entered accidentally, the necessary intent for burglary does not exist. Your attorney can present evidence such as witness statements, intoxication, or location details to support your claim.

Do police need a warrant to arrest me for burglary of a conveyance?
Police can arrest you without a warrant if they have probable cause to believe you committed the crime, but they must follow constitutional search and seizure rules. If evidence was collected unlawfully, your lawyer can file motions to suppress it.

Can my case be dismissed before trial?
Yes. If the evidence is insufficient or was obtained in violation of your rights, your attorney can file motions to dismiss. Early intervention often prevents cases from progressing to trial.

What should I do if I’m under investigation but not yet charged?
Do not speak to police without an attorney. Anything you say can later be used against you. A private Florida Burglary Defense Lawyer can contact investigators on your behalf, protect your rights, and sometimes prevent formal charges from being filed.

Can I expunge a burglary arrest from my record?
If your charge was dismissed, dropped, or you were acquitted, you may be eligible to expunge the record. This process removes it from public access. An attorney can assist with the application and ensure all statutory requirements are met.

Will I go to jail for a first offense?
Not necessarily. Many first-time offenders qualify for probation, diversion programs, or community-based sentencing options. A lawyer can negotiate for reduced penalties and alternatives to incarceration.

How can a lawyer prove I didn’t intend to steal?
Intent is inferred from circumstances, not direct evidence. A skilled defense attorney can highlight inconsistencies, present alibi evidence, or show lawful reasons for your presence. Demonstrating lack of criminal intent is often key to dismissal.

Is burglary of a vehicle treated differently from burglary of a home?
Yes. Burglary of a dwelling is more serious and can carry up to life imprisonment. Burglary of an unoccupied conveyance is generally a third-degree felony, but both crimes require strong defense because of their impact on your record.

Call Our Florida Burglary Defense Lawyers


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Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your free consultation. We have over 35 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.