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        <title><![CDATA[Burglary - Brancato Law Firm, P.A.]]></title>
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                <title><![CDATA[Is a Porch a Dwelling Under Florida Burglary Law? (2026)]]></title>
                <link>https://www.brancatolawfirm.com/blog/is-a-porch-a-dwelling-florida-court-clarifies-burglary-law/</link>
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                <pubDate>Tue, 27 Oct 2026 16:18:47 GMT</pubDate>
                
                    <category><![CDATA[Theft & Property Crimes]]></category>
                
                
                    <category><![CDATA[Burglary]]></category>
                
                    <category><![CDATA[Case Law Update]]></category>
                
                    <category><![CDATA[Theft]]></category>
                
                
                
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                <description><![CDATA[<p>Rewrite/update date: October 27, 2026. Originally published in June 2025; updated January 2026. Yes, often. Florida’s burglary statute defines a “dwelling” to include “any attached porch,” so taking a package from a covered front porch can be charged as burglary rather than theft. In Krasner v. State (Fla. 4th DCA 2025), the court held that&hellip;</p>
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                <content:encoded><![CDATA[
<p class="wp-block-paragraph"><em>Rewrite/update date: October 27, 2026</em>. Originally published in June 2025; updated January 2026.</p>



<figure class="wp-block-table"><table><tbody><tr><td>Yes, often. Florida’s burglary statute defines a “dwelling” to include “any attached porch,” so taking a package from a covered front porch can be charged as burglary rather than theft. In Krasner v. State (Fla. 4th DCA 2025), the court held that a porch covered by the same roof as the house, touching the front door, and holding the residents’ belongings was part of the dwelling. An open yard, driveway, or uncovered concrete pad usually does not qualify, and burglary of a dwelling without a weapon or battery is a second-degree felony, not a life felony.</td></tr></tbody></table></figure>



<p class="wp-block-paragraph">Porch cases are usually won or lost on the photographs, long before a jury hears anything about intent. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a <a href="https://www.brancatolawfirm.com/">Tampa criminal defense</a> firm, and I learned that over more than 25 years in Hillsborough County courtrooms, including as a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. Our attorneys examine the scene, the roofline, and every photo the State intends to use before deciding how to fight a porch burglary charge.</p>



<h2 class="wp-block-heading">Is a Porch Part of a Dwelling Under Florida Law?</h2>



<p class="wp-block-paragraph">Yes, if the porch is attached. <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.011.html">Section 810.011(2), Florida Statutes</a>, defines a “dwelling” as “a building or conveyance of any kind, including any attached porch,” that “has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof.” The same section defines a “structure” as any roofed building “together with the curtilage thereof.”</p>



<p class="wp-block-paragraph">The statute does not define “attached porch,” so Florida courts decide each case from its photographs and testimony. The key questions are whether the area shares the home’s roof, whether it touches an entrance, whether it is physically set apart from the yard, and whether the residents use it as part of their living space. Burglary is defined in <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.02.html">section 810.02, Florida Statutes</a>, as entering a dwelling, structure, or conveyance with intent to commit an offense inside, unless the premises are open to the public or the person was invited.</p>



<h2 class="wp-block-heading">What Happened in Krasner v. State?</h2>



<p class="wp-block-paragraph">The Fourth District Court of Appeal held that a covered front porch was part of the dwelling and affirmed a package thief’s burglary conviction. In <a href="https://law.justia.com/cases/florida/fourth-district-court-of-appeal/2025/4d2024-0355.html">Krasner v. State, No. 4D2024-0355 (Fla. 4th DCA June 11, 2025)</a>, Jennifer Liza Krasner was charged with burglary of an occupied dwelling after she took delivered packages from the front of the victims’ home.</p>



<p class="wp-block-paragraph">The jury convicted her of a lesser offense, burglary of an unoccupied structure. On appeal she argued the area was not a porch at all. The court rejected that argument, describing the area this way: it “is covered by the same roof that covers the rest of the house,” it “is adjacent to and touching the front door,” and it held several of the residents’ belongings, “including a ‘welcome’ rug.” The court concluded, “In short, the area constitutes a porch.”</p>



<p class="wp-block-paragraph">The court also rejected Krasner’s claim to a twelve-person jury, following its earlier decision that six-person juries are constitutional in non-capital cases. It remanded only to fix two clerical errors in the judgment, which listed the wrong offense and said she pleaded guilty when she went to trial. At the time of this update the opinion had not been assigned a Southern Reporter citation.</p>



<h2 class="wp-block-heading">When Is a Porch Not Part of a Dwelling in Florida?</h2>



<p class="wp-block-paragraph">A porch-like area that is open to the street, uncovered, or unconnected to an entrance usually is not part of a dwelling. The Krasner court compared two lines of cases:</p>



<ul class="wp-block-list">
<li><strong>Not a porch:</strong> In <a href="https://law.justia.com/cases/florida/first-district-court-of-appeal/2012/1d11-0117.html">Colbert v. State, 78 So. 3d 111 (Fla. 1st DCA 2012)</a>, a man took a bicycle from a mulch area beside a townhouse’s concrete entry pad. The First District held the area, “both visually and physically open to the general public,” was “not a logical extension of one’s dwelling in a way that comports with the concept of an ‘attached porch.'”</li>

<li><strong>A porch:</strong> In <a href="https://www.courtlistener.com/opinion/5021751/morlas-v-state/">Morlas v. State, 211 So. 3d 286 (Fla. 4th DCA 2017)</a>, men tried to break into a home and entered only an elevated, cemented front patio. The Fourth District held the patio was an “attached porch” because it was “directly adjacent to and touching the home,” it “shares a common roof with the home,” and the homeowner kept personal items there.</li>
</ul>



<p class="wp-block-paragraph">The curtilage rule adds another limit. In <a href="https://law.justia.com/cases/florida/supreme-court/1995/84783-0.html">State v. Hamilton, 660 So. 2d 1038 (Fla. 1995)</a>, two men took boat motors from an unfenced backyard, and the homeowner shot and killed one of them. The Florida Supreme Court held that the yard around a home counts as “curtilage” only if there is “some form of an enclosure,” and it reversed the surviving man’s burglary and felony murder convictions because the yard was open.</p>



<figure class="wp-block-table"><table><thead><tr><th>Feature</th><th>Points toward part of the dwelling</th><th>Points away from the dwelling</th></tr></thead><tbody><tr><td>Roof</td><td>Same roof or eave as the house</td><td>Uncovered, or only partly covered by a balcony</td></tr><tr><td>Connection</td><td>Touches the front or back door</td><td>Separate pad, walkway, or yard</td></tr><tr><td>Access</td><td>Set off by walls, rails, bushes, or screening</td><td>Open to the street and the public</td></tr><tr><td>Use</td><td>Welcome mat, furniture, plants, or stored items</td><td>No personal property in the area</td></tr><tr><td>Yard areas</td><td>Enclosed by a fence or hedge</td><td>Unfenced yard, as in Hamilton</td></tr></tbody></table></figure>



<p class="wp-block-paragraph">The table reflects the factors Florida courts have used; no single factor controls. Our attorneys at The Brancato Law Firm photograph the property ourselves, because the State’s photos are usually taken to make the area look as enclosed as possible.</p>


<div class="wp-block-image">
<figure class="aligncenter size-large is-resized"><img loading="lazy" decoding="async" width="1080" height="1350" src="/static/2026/10/porch-dwelling-florida-burglary-factors.jpg" alt="Comparison of porch features under Florida burglary law: an area under the same roof, touching the front door, with a welcome mat or furniture is likely part of the dwelling, while an uncovered pad, an area open to the street, or an unfenced yard likely is not, by The Brancato Law Firm, P.A." class="wp-image-6413" style="width:600px" srcset="/static/2026/10/porch-dwelling-florida-burglary-factors.jpg 1080w, /static/2026/10/porch-dwelling-florida-burglary-factors-240x300.jpg 240w, /static/2026/10/porch-dwelling-florida-burglary-factors-819x1024.jpg 819w, /static/2026/10/porch-dwelling-florida-burglary-factors-768x960.jpg 768w" sizes="auto, (max-width: 1080px) 100vw, 1080px" /></figure>
</div>


<h2 class="wp-block-heading">Why Did the Legislature Add “Attached Porch” to the Burglary Statute?</h2>



<p class="wp-block-paragraph">The Legislature added “attached porch” to the dwelling definition in 1996, after Hamilton made the boundaries of burglary a live issue. A <a href="https://www.flsenate.gov/Session/Bill/1998/590/Analyses/19980590SCJ_sb0590.cj.pdf">Florida Senate Criminal Justice Committee staff analysis of CS/SB 590</a> (February 18, 1998) explains that the 1996 changes responded to the Hamilton decision, and it quotes the court’s observation that a definition “is crucial to comprehending the full scope of the crime of burglary.”</p>



<p class="wp-block-paragraph">That history matters for defense arguments. The porch language expanded burglary to a specific, named area, but it did not erase the line between a porch and an open yard. Courts still apply Hamilton’s enclosure requirement to curtilage, as the Fifth District did in <a href="https://www.courtlistener.com/opinion/2495522/jl-v-state/">J.L. v. State, 57 So. 3d 924 (Fla. 5th DCA 2011)</a>, a juvenile case in which a go-cart, a four-wheeler, and a skateboard leaning against the side of a house were held to be outside its curtilage.</p>



<h2 class="wp-block-heading">What Are the Penalties for Porch Burglary in Florida?</h2>



<p class="wp-block-paragraph">Burglary of a dwelling without an assault, battery, or weapon is a second-degree felony punishable by up to 15 years in prison, whether or not anyone is home. That correction matters, because many websites say burglary of an occupied dwelling carries life. Under section 810.02, burglary becomes a first-degree felony punishable by life only if the offender commits an assault or battery, is or becomes armed with explosives or a dangerous weapon, uses a motor vehicle to damage the building, or causes more than $1,000 in damage.</p>



<figure class="wp-block-table"><table><thead><tr><th>Charge</th><th>Degree</th><th>Maximum prison</th></tr></thead><tbody><tr><td>Burglary with assault, battery, or a weapon (s. 810.02(2))</td><td>First-degree felony</td><td>Life</td></tr><tr><td>Burglary of a dwelling, occupied or unoccupied (s. 810.02(3)(a)-(b))</td><td>Second-degree felony</td><td>15 years</td></tr><tr><td>Burglary of an occupied structure (s. 810.02(3)(c))</td><td>Second-degree felony</td><td>15 years</td></tr><tr><td>Burglary of an unoccupied structure (s. 810.02(4)(a))</td><td>Third-degree felony</td><td>5 years</td></tr><tr><td>Theft of $40 to under $750 from a dwelling or its unenclosed curtilage (s. 812.014(2)(d))</td><td>Third-degree felony</td><td>5 years</td></tr><tr><td>Petit theft of $100 to under $750, elsewhere (s. 812.014(2)(f))</td><td>First-degree misdemeanor</td><td>1 year</td></tr></tbody></table></figure>



<p class="wp-block-paragraph">The maximums come from <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.082.html">section 775.082, Florida Statutes</a>. Actual sentences depend on the Criminal Punishment Code scoresheet, the person’s prior record, and the facts of the case.</p>



<h2 class="wp-block-heading">Is Stealing a Package From a Porch a Felony in Florida Even Without Burglary?</h2>



<p class="wp-block-paragraph">Often, yes. Since October 1, 2024, <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/Sections/0812.014.html">section 812.014(2)(d), Florida Statutes</a>, makes theft of property “valued at $40 or more, but less than $750” a third-degree felony when it is “taken from a dwelling” or from the unenclosed curtilage of a dwelling. Before that change, the threshold was $100.</p>



<p class="wp-block-paragraph">The Florida Senate’s <a href="https://www.flsenate.gov/Committees/billsummaries/2024/html/549">summary of HB 549 (2024)</a> also describes a second-degree felony for taking property from more than 20 dwellings or their curtilages, and a misdemeanor for property under $40 unless the person has prior theft convictions. In practice, prosecutors can charge a single package theft as felony theft, burglary, or both, so our attorneys look at the value evidence as closely as the porch itself.</p>



<h2 class="wp-block-heading">How Common Are Burglary and Theft Arrests in Florida?</h2>



<p class="wp-block-paragraph">Florida law enforcement agencies made 12,584 burglary arrests and 46,565 larceny arrests statewide in 2020, according to FDLE’s <a href="https://www.fdle.state.fl.us/CJAB/UCR/Annual-Reports/UCR-Arrest-Data/TABC/Total_Arrests_by_County_2020.aspx">Uniform Crime Report arrest tables</a>, the most recent year FDLE published in that county format. Hillsborough County agencies made 2,766 larceny arrests that year.</p>


<div class="wp-block-image">
<figure class="aligncenter size-large is-resized"><img loading="lazy" decoding="async" width="1080" height="1350" src="/static/2026/10/florida-burglary-theft-arrest-statistics-2020.jpg" alt="Florida burglary and theft arrest statistics for 2020: 12,584 burglary arrests and 46,565 larceny arrests statewide and 2,766 larceny arrests in Hillsborough County, per FDLE; porch burglary guide by The Brancato Law Firm, P.A." class="wp-image-6411" style="width:600px" srcset="/static/2026/10/florida-burglary-theft-arrest-statistics-2020.jpg 1080w, /static/2026/10/florida-burglary-theft-arrest-statistics-2020-240x300.jpg 240w, /static/2026/10/florida-burglary-theft-arrest-statistics-2020-819x1024.jpg 819w, /static/2026/10/florida-burglary-theft-arrest-statistics-2020-768x960.jpg 768w" sizes="auto, (max-width: 1080px) 100vw, 1080px" /></figure>
</div>


<p class="wp-block-paragraph">Every one of those cases turns on facts like the ones in Krasner: where the property was, what it was worth, and whether the person entered a protected area. For a full breakdown of how burglary charges are built and defended, see our guide <a href="https://www.brancatolawfirm.com/blog/what-is-burglary-in-florida/">How to Fight a Burglary Charge in Florida</a>.</p>



<h2 class="wp-block-heading">How Do You Fight a Porch Burglary Charge in Florida?</h2>



<p class="wp-block-paragraph">The defense attacks the elements the State must prove: that the area is a dwelling or structure, that the person entered it, and that the person intended to commit a crime inside at the moment of entry. These are the arguments our attorneys raise most often:</p>



<ol class="wp-block-list">
<li><strong>The area is not an attached porch.</strong> Photos, measurements, and the roofline can show an open pad, walkway, or yard, as in Colbert.</li>

<li><strong>The yard is not enclosed curtilage.</strong> Under Hamilton, an unfenced yard is not curtilage, so taking an item from it is not burglary.</li>

<li><strong>No entry occurred.</strong> Reaching from a walkway or picking up an item at the edge of a step may not be an entry into the porch at all.</li>

<li><strong>No intent at entry.</strong> A person who stepped onto a porch to knock or deliver something did not enter with intent to steal.</li>

<li><strong>Identification.</strong> Doorbell video is often grainy or partial, and photo lineups can be suggestive.</li>

<li><strong>Value.</strong> For felony theft from a dwelling, the State must prove the property was worth at least $40, with competent evidence of value.</li>
</ol>



<p class="wp-block-paragraph">Burglary and theft cases in Hillsborough County are prosecuted by the State Attorney’s Office for the 13th Judicial Circuit and heard at the courthouse on Twiggs Street, two blocks from our office. Our <a href="https://www.brancatolawfirm.com/hillsborough-county-criminal-defense-attorney/">Hillsborough County criminal defense attorney</a> page explains how felony cases move from first appearance to trial.</p>



<h2 class="wp-block-heading">Frequently Asked Questions About Porch Burglary in Florida</h2>



<h3 class="wp-block-heading">Is a screened porch part of a dwelling for burglary in Florida?</h3>



<p class="wp-block-paragraph">Usually, yes, because a screened porch is typically attached, covered, and enclosed, which fits the “attached porch” language in section 810.011(2). The Brancato Law Firm still examines who had the right to occupy the porch, since a landlord or guest situation can change the analysis.</p>



<h3 class="wp-block-heading">Can I be charged with burglary for taking a package from a front step with no roof?</h3>



<p class="wp-block-paragraph">It is harder for the State, because courts like the Colbert court have refused to treat open, uncovered areas as an attached porch. Our attorneys at The Brancato Law Firm use photographs and site measurements to show when a step or walkway is not part of the dwelling, though felony theft from the curtilage may still be charged.</p>



<h3 class="wp-block-heading">Is burglary of an occupied dwelling a life felony in Florida?</h3>



<p class="wp-block-paragraph">No, not by itself. Burglary of an occupied dwelling is a second-degree felony punishable by up to 15 years, and it becomes a first-degree life felony only with an assault, battery, weapon, vehicle damage, or more than $1,000 in damage. The Brancato Law Firm reviews the charging document to make sure the degree matches the facts alleged.</p>



<h3 class="wp-block-heading">What is the difference between burglary of a dwelling and burglary of a structure in Florida?</h3>



<p class="wp-block-paragraph">A dwelling is a building designed for people to sleep in at night, plus any attached porch, while a structure is any roofed building, such as a store or shed. The Brancato Law Firm often argues that an area is at most a structure or curtilage, which can lower the degree of the charge; see our <a href="https://www.brancatolawfirm.com/blog/what-is-burglary-in-florida/">burglary defense guide</a>.</p>



<h3 class="wp-block-heading">Can a porch burglary charge be reduced to trespass or petit theft in Florida?</h3>



<p class="wp-block-paragraph">Sometimes, if the evidence on entry, intent, or the nature of the area is weak. Our attorneys at The Brancato Law Firm negotiate reductions based on those weaknesses and take the case to trial when the State will not move; our <a href="https://www.brancatolawfirm.com/blog/what-is-trespass-in-florida/">trespass guide</a> explains the lesser charge.</p>



<h3 class="wp-block-heading">What should I do if police want to talk to me about a package theft in Tampa?</h3>



<p class="wp-block-paragraph">Decline to answer questions and call a defense attorney, because statements about where you stood or what you intended are often the State’s best evidence of entry and intent. The Brancato Law Firm offers <a href="https://www.brancatolawfirm.com/tampa-attorney-before-charges-are-filed/">representation before charges are filed</a> for people contacted by detectives.</p>



<p class="wp-block-paragraph">For how The Brancato Law Firm, P.A. defends these cases, see our <a href="https://www.brancatolawfirm.com/tampa-violent-crime-lawyer/">Tampa violent crimes defense practice</a>.</p>



<h2 class="wp-block-heading">Talk to a Tampa Burglary Defense Attorney About the Porch in Your Case</h2>



<p class="wp-block-paragraph">Photographs of a porch, doorbell video, and the property itself can change within weeks, so the defense needs to document the scene early. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159, and our attorneys will review whether the area in your case is truly part of a dwelling. Call us at any hour. Our firm has Spanish-speaking staff, and attorney <a href="https://www.brancatolawfirm.com/lawyers/jean-luc-adrien/">Jean-Luc Adrien</a> speaks Spanish, Haitian Creole, and French. Read our guide for <a href="https://www.brancatolawfirm.com/blog/haitian-creole-spanish-criminal-defense-attorney-tampa/">Spanish and Haitian Creole speakers facing criminal charges</a>.</p>


<div class="wp-block-image">
<figure class="aligncenter size-full"><a href="https://profiles.superlawyers.com/florida/tampa/lawyer/rocky--brancato/d3e10cc3-9838-4be7-907a-77b0492718c7.html"><img loading="lazy" decoding="async" width="180" height="150" src="/static/2026/01/Super-Lawyers.png" alt="Super Lawyers Badge" class="wp-image-3413" /></a></figure>
</div>


<p class="wp-block-paragraph">For more about our defense strategies, visit our <a href="https://www.brancatolawfirm.com/hillsborough-county-criminal-defense-attorney/">Hillsborough County Criminal Defense Attorney</a> page.</p>



<p class="wp-block-paragraph">The Brancato Law Firm, P.A.<br>
620 E. Twiggs Street, Suite 205, Tampa, FL 33602<br>
(813) 727-7159<br>
Serving Hillsborough, Pinellas, and Pasco Counties</p>



<p class="wp-block-paragraph">The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.</p>
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                <title><![CDATA[What Charges Did Captain Brock Horner Face for Boarding a Boat in Florida? (2026)]]></title>
                <link>https://www.brancatolawfirm.com/blog/captain-brock-horner-and-veterans-treatment-court/</link>
                <guid isPermaLink="true">https://www.brancatolawfirm.com/blog/captain-brock-horner-and-veterans-treatment-court/</guid>
                <dc:creator><![CDATA[Brancato Law Firm, P.A.]]></dc:creator>
                <pubDate>Tue, 27 Oct 2026 13:47:04 GMT</pubDate>
                
                    <category><![CDATA[Violent Crimes]]></category>
                
                
                    <category><![CDATA[Burglary]]></category>
                
                    <category><![CDATA[Maritime Law]]></category>
                
                    <category><![CDATA[Principal Liability]]></category>
                
                    <category><![CDATA[Self-Defense]]></category>
                
                    <category><![CDATA[Veterans & PTSD]]></category>
                
                
                
                    <media:thumbnail url="https://brancatolawfirm-com.justia.site/wp-content/uploads/sites/1227/2026/10/captain-brock-horner-boat-burglary-florida-cover-1.jpg"/>
                
                <description><![CDATA[<p>Fully rewritten and updated October 25, 2026. Charter captain Brock Horner was arrested by the Punta Gorda Police Department in April 2025 and charged with burglary with assault or battery after a viral video showed him climbing onto a young fisherman’s boat in Charlotte County. Under Florida law a boat is a “conveyance,” so entering&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p class="wp-block-paragraph">Fully rewritten and updated October 25, 2026.</p>


<div style="border:1px solid #000;padding:16px 20px;margin:0 0 24px 0"><p>Charter captain Brock Horner was arrested by the Punta Gorda Police Department in April 2025 and charged with burglary with assault or battery after a viral video showed him climbing onto a young fisherman’s boat in Charlotte County. Under Florida law a boat is a “conveyance,” so entering one to commit an offense can be burglary, and burglary with an assault or battery is a first-degree felony punishable by up to life in prison. The Florida Fish and Wildlife Conservation Commission also referred two misdemeanors and three infractions. Horner pleaded not guilty and is presumed innocent.</p></div>


<p class="wp-block-paragraph">A prosecutor who sees a stranger step onto someone else’s boat and start a fight does not think “boating dispute.” The prosecutor thinks burglary, because Florida’s burglary statute treats a vessel the same way it treats a car or a house trailer. I have watched that charging choice drive plea negotiations for more than 25 years in Hillsborough County courtrooms. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a <a href="https://www.brancatolawfirm.com/">Tampa criminal defense</a> firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. Our attorneys defend people charged with burglary, battery, and on-the-water offenses across Hillsborough, Pinellas, and Pasco Counties.</p>



<p class="wp-block-paragraph">The Brancato Law Firm is not involved in Mr. Horner’s case and does not represent anyone in it. This article explains the Florida law the case raised, using public reporting.</p>



<h2 class="wp-block-heading">What Happened in the Brock Horner Boat Confrontation?</h2>



<p class="wp-block-paragraph">According to news reports, a video recorded on April 1, 2025, showed Horner, a Punta Gorda charter captain, pull alongside a 22-year-old fisherman’s boat, climb aboard, and confront him with threats and profanity while the young man tried to calm the situation. The video spread nationally. <a href="https://www.yahoo.com/news/florida-charter-captain-brock-horner-125516890.html">Punta Gorda police arrested Horner</a> on a charge of burglary with assault or battery, and he was released from the Charlotte County Jail on a $20,000 bond. A judge later ordered him to have no contact with the fisherman.</p>



<p class="wp-block-paragraph">On April 11, 2025, the <a href="https://www.wjhg.com/2025/04/28/charter-boat-captain-viral-altercation-pleads-not-guilty/">Florida Fish and Wildlife Conservation Commission referred two misdemeanors and three infractions</a> to the State Attorney’s Office for the 20th Judicial Circuit: harassment of hunters or fishers, using a recreationally registered vessel commercially, careless operation of a vessel, no saltwater charter fishing license, and improper display of registration. Horner entered a written plea of not guilty and asked for a jury trial. As of October 2026, we have not found a public report of how the case was resolved. Every person charged with a crime is presumed innocent unless the State proves guilt beyond a reasonable doubt.</p>



<h2 class="wp-block-heading">Why Is Boarding Someone Else’s Boat Burglary in Florida?</h2>



<p class="wp-block-paragraph">Boarding another person’s boat can be burglary because Florida’s burglary law covers “conveyances,” and a conveyance includes a boat. <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.011.html">Section 810.011(3), Florida Statutes</a>, defines a conveyance as “any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car.” Under <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.02.html">section 810.02, Florida Statutes</a>, burglary means entering a dwelling, structure, or conveyance “with the intent to commit an offense therein,” unless the defendant was licensed or invited to enter. The offense intended can be a battery or an assault; it does not have to be a theft.</p>


<table style="border-collapse:collapse;width:100%;margin:0 0 24px 0"><thead><tr><th style="border:1px solid #000;padding:8px;text-align:left;vertical-align:top;font-weight:bold">Burglary of a boat or other conveyance</th><th style="border:1px solid #000;padding:8px;text-align:left;vertical-align:top;font-weight:bold">Subsection</th><th style="border:1px solid #000;padding:8px;text-align:left;vertical-align:top;font-weight:bold">Degree</th><th style="border:1px solid #000;padding:8px;text-align:left;vertical-align:top;font-weight:bold">Maximum penalty</th></tr></thead><tbody><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Offender makes an assault or battery on any person</td><td style="border:1px solid #000;padding:8px;vertical-align:top">810.02(2)(a)</td><td style="border:1px solid #000;padding:8px;vertical-align:top">First-degree felony</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Life in prison</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Another person is aboard, no assault, battery, or weapon</td><td style="border:1px solid #000;padding:8px;vertical-align:top">810.02(3)(d)</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Second-degree felony</td><td style="border:1px solid #000;padding:8px;vertical-align:top">15 years in prison, $10,000 fine</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">No one is aboard, no assault, battery, or weapon</td><td style="border:1px solid #000;padding:8px;vertical-align:top">810.02(4)(b)</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Third-degree felony</td><td style="border:1px solid #000;padding:8px;vertical-align:top">5 years in prison, $5,000 fine</td></tr></tbody></table>


<p class="wp-block-paragraph">Maximum terms and fines for the second- and third-degree rows come from <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.082.html">section 775.082</a> and <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.083.html">section 775.083, Florida Statutes</a>. The jump from a third-degree felony to a life felony turns on two facts: whether someone was on board and whether the State can prove an assault or battery. That is why our attorneys study every second of the video in a case like this. Our <a href="https://www.brancatolawfirm.com/tampa-violent-crime-lawyer/">Tampa violent crime lawyer</a> page explains how we defend battery and burglary-with-battery charges.</p>


<div class="wp-block-image">
<figure class="aligncenter size-large is-resized"><img loading="lazy" decoding="async" width="1080" height="1350" src="/static/2026/10/burglary-of-a-boat-florida-penalties-1.jpg" alt="Framework graphic from The Brancato Law Firm, P.A. on burglary of a boat in Florida under section 810.02: with no one aboard it is a third-degree felony; with someone aboard it is a second-degree felony; with an assault or battery it is a first-degree felony punishable by up to life in prison." class="wp-image-6250" style="width:600px" srcset="/static/2026/10/burglary-of-a-boat-florida-penalties-1.jpg 1080w, /static/2026/10/burglary-of-a-boat-florida-penalties-1-240x300.jpg 240w, /static/2026/10/burglary-of-a-boat-florida-penalties-1-819x1024.jpg 819w, /static/2026/10/burglary-of-a-boat-florida-penalties-1-768x960.jpg 768w" sizes="auto, (max-width: 1080px) 100vw, 1080px" /></figure>
</div>


<h2 class="wp-block-heading">How Often Do Things Go Wrong on Florida Waters?</h2>



<p class="wp-block-paragraph">Florida has more than a million registered boats, and crowded water leads to confrontations as well as crashes. According to the <a href="https://myfwc.com/news/all-news/boating-safety-525/">Florida Fish and Wildlife Conservation Commission</a>, Florida had 1,030,053 registered vessels in 2024, and the FWC recorded 685 reportable boating accidents and 81 boating fatalities that year, per its 2024 Boating Accident Statistical Report.</p>


<div class="wp-block-image">
<figure class="aligncenter size-large is-resized"><img loading="lazy" decoding="async" width="1080" height="1350" src="/static/2026/10/florida-boating-statistics-2024-1.jpg" alt="Statistics graphic from The Brancato Law Firm, P.A. analysis of the Captain Brock Horner boat case: Florida had 1,030,053 registered vessels in 2024, and the Florida Fish and Wildlife Conservation Commission recorded 685 reportable boating accidents and 81 boating fatalities that year (FWC 2024 Boating Accident Statistical Report)." class="wp-image-6249" style="width:600px" srcset="/static/2026/10/florida-boating-statistics-2024-1.jpg 1080w, /static/2026/10/florida-boating-statistics-2024-1-240x300.jpg 240w, /static/2026/10/florida-boating-statistics-2024-1-819x1024.jpg 819w, /static/2026/10/florida-boating-statistics-2024-1-768x960.jpg 768w" sizes="auto, (max-width: 1080px) 100vw, 1080px" /></figure>
</div>


<p class="wp-block-paragraph">Those numbers count accidents, not fights, but they explain why FWC officers, sheriff’s marine units, and local police patrol the same water and why a dispute at a boat ramp or sandbar can bring more than one agency. In Hillsborough County, a case like this is filed by the State Attorney’s Office for the 13th Judicial Circuit; in Pinellas and Pasco, by the 6th Circuit.</p>



<h2 class="wp-block-heading">Could the Fisherman Have Used Force to Defend Himself?</h2>



<p class="wp-block-paragraph">Possibly. Florida law allows force in self-defense when a person reasonably believes it is necessary, and the law gives extra protection to people inside an occupied vehicle. Under <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/Sections/0776.012.html">section 776.012(2), Florida Statutes</a>, a person may use or threaten deadly force if he or she reasonably believes it is necessary to prevent imminent death or great bodily harm or the imminent commission of a forcible felony, and a person who is not engaged in criminal activity and is in a place where he or she has a right to be has no duty to retreat.</p>



<p class="wp-block-paragraph"><a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/Sections/0776.013.html">Section 776.013(2), Florida Statutes</a>, adds a presumption of reasonable fear when the intruder “was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle.” The statute defines “vehicle” as “a conveyance of any kind, whether or not motorized, which is designed to transport people or property,” which by its words can reach a boat. Two limits matter: the presumption requires a forcible entry, and it does not protect someone who is engaged in criminal activity. Whether a given boarding was forcible is a fact question for a judge at a Stand Your Ground hearing or for a jury.</p>



<h2 class="wp-block-heading">Could the Passengers on Horner’s Boat Be Charged for Not Stopping Him?</h2>



<p class="wp-block-paragraph">Almost certainly not, based on what was public. Florida, like most states, has no general law making it a crime to stand by while someone else commits an assault or battery. A law review note in the <a href="https://mckinneylaw.iu.edu/practice/law-reviews/ilr/pdf/vol33p571.pdf">Indiana Law Review (Jennifer Bagby, 33 Ind. L. Rev. 571, 2000)</a> summarized the American rule: “American law has not imposed liability, either civil or criminal, for the failure to render assistance or rescue.” Florida’s one notable exception, <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0794/Sections/0794.027.html">section 794.027, Florida Statutes</a>, makes it a first-degree misdemeanor to fail to report a sexual battery a person witnesses when he or she could safely do so; it does not apply to a fight.</p>



<p class="wp-block-paragraph">A passenger could be charged only as a principal. Under <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0777/Sections/0777.011.html">section 777.011, Florida Statutes</a>, a person who “aids, abets, counsels, hires, or otherwise procures” a crime is punished as if he or she committed it. In <a href="https://law.justia.com/cases/florida/supreme-court/1988/69899-0.html">Staten v. State, 519 So. 2d 622 (Fla. 1988)</a>, a case about a getaway driver in a planned robbery, the Florida Supreme Court held that a principal “must intend that the crime be committed and do some act to assist the other person in actually committing the crime,” and agreed that mere knowledge of the crime and mere presence at the scene are not enough. Silent passengers who did nothing to help would not meet that test unless new evidence showed encouragement or planning.</p>



<h2 class="wp-block-heading">Could Veterans Treatment Court Apply in a Case Like This?</h2>



<p class="wp-block-paragraph">Only in limited ways for a burglary-with-battery charge. Military service does not change the elements of the charge, and Florida’s felony pretrial veterans program under <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0948/Sections/0948.08.html">section 948.08(7), Florida Statutes</a>, excludes felonies listed in section 948.06(8)(c), and that list includes “any burglary offense” that is a first- or second-degree felony under section 810.02(2) or (3). So a first-degree burglary charge would have to be reduced before a veteran could use pretrial veterans court, where successful completion leads to dismissal.</p>



<p class="wp-block-paragraph">After a plea, <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0948/Sections/0948.21.html">section 948.21, Florida Statutes</a>, lets a judge order a qualifying veteran on probation to complete treatment for a service-related mental illness, traumatic brain injury, substance abuse disorder, or psychological problem. Hillsborough County’s <a href="https://www.fljud13.org/Court-Services/Court-Programs/Problem-Solving-Courts/Veterans-Treatment-Court">Veterans Treatment Court</a> held its first session in October 2013, added felonies in February 2015, and runs misdemeanor and felony pretrial programs plus a post-adjudication program, according to the 13th Judicial Circuit. Our <a href="https://www.brancatolawfirm.com/tampa-criminal-mental-health-lawyer/">Tampa criminal mental health lawyer</a> page covers how we document PTSD and other service-related conditions for the court.</p>



<h2 class="wp-block-heading">How Do Our Attorneys Defend a Burglary or Battery Charge From an Incident on the Water?</h2>



<p class="wp-block-paragraph">We start with the entry, because the burglary charge depends on why and how the person came aboard:</p>


<ol class="wp-block-list"><li><strong>Was the person licensed or invited to come aboard?</strong> An invitation, even an implied one at a raft-up or sandbar, defeats the entry element.</li><li><strong>What was the intent at the moment of entry?</strong> The State must prove the person meant to commit an offense when he or she boarded, not only that a dispute happened later.</li><li><strong>Was there an assault or battery?</strong> Words alone are not a battery. An assault requires a threat with an apparent ability to carry it out that creates a well-founded fear.</li><li><strong>What does all the video show?</strong> Phone clips often start mid-argument. We look for other angles, marina cameras, and the minutes before the recording.</li><li><strong>Are there self-defense or defense-of-others facts?</strong> Stand Your Ground can apply to the person charged as well as to the person boarded.</li><li><strong>Can the charge be reduced?</strong> Trespass on a vessel, simple battery, or a reduced burglary count can open diversion or veterans court options.</li></ol>


<p class="wp-block-paragraph">If an investigation is still open, our <a href="https://www.brancatolawfirm.com/tampa-attorney-before-charges-are-filed/">representation before charges are filed</a> can reach the prosecutor before a charging decision. See our <a href="https://www.brancatolawfirm.com/hillsborough-county-criminal-defense-attorney/">Hillsborough County criminal defense attorney</a> page, or our pages for <a href="https://www.brancatolawfirm.com/pinellas-county-criminal-defense-attorney/">Pinellas County</a> and <a href="https://www.brancatolawfirm.com/pasco-county-criminal-defense-attorney/">Pasco County</a> cases.</p>



<h2 class="wp-block-heading">Frequently Asked Questions About the Brock Horner Case and Boat Burglary</h2>



<h3 class="wp-block-heading">Is getting on someone’s boat without permission a crime in Florida?</h3>



<p class="wp-block-paragraph">It can be. Entering a boat to commit an offense can be burglary of a conveyance, and boarding without permission can support other charges. The Brancato Law Firm looks first at whether there was an invitation and what the person intended; our <a href="https://www.brancatolawfirm.com/tampa-violent-crime-lawyer/">violent crime defense page</a> has more.</p>



<h3 class="wp-block-heading">What is the penalty for burglary with battery in Florida?</h3>



<p class="wp-block-paragraph">It is a first-degree felony punishable by up to life in prison under section 810.02(2)(a). The Brancato Law Firm often works to show that the entry or the battery element is missing, which can reduce the charge to a lower degree or a misdemeanor.</p>



<h3 class="wp-block-heading">Can you stand your ground on a boat in Florida?</h3>



<p class="wp-block-paragraph">Yes, if you are not engaged in criminal activity, are where you have a right to be, and reasonably believe force is necessary. Our attorneys at The Brancato Law Firm litigate Stand Your Ground motions and examine whether the boarding was forcible enough to trigger the occupied-vehicle presumption; our <a href="https://www.brancatolawfirm.com/tampa-violent-crime-lawyer/">Tampa violent crime lawyer</a> page explains the process.</p>



<h3 class="wp-block-heading">Do bystanders have to intervene in a crime in Florida?</h3>



<p class="wp-block-paragraph">No. Florida has no general duty to intervene, and presence at a crime is not enough to make someone a principal. The Brancato Law Firm defends people charged as principals by showing there was no intent and no act of help.</p>



<h3 class="wp-block-heading">Can a veteran charged with burglary with battery go to veterans court?</h3>



<p class="wp-block-paragraph">Not through the felony pretrial program while the charge is a first-degree burglary, because those charges are excluded. The Brancato Law Firm can seek a reduced charge or a probation sentence with veterans treatment under section 948.21.</p>



<h3 class="wp-block-heading">What happened to Captain Brock Horner’s case?</h3>



<p class="wp-block-paragraph">He was charged with burglary with assault or battery, and the FWC referred additional misdemeanors and infractions; he pleaded not guilty. The Brancato Law Firm is not involved in the case, and as of October 2026 we had not found a public report of its outcome.</p>



<h2 class="wp-block-heading">Talk to a Tampa Defense Attorney About a Charge From an Incident on the Water</h2>



<p class="wp-block-paragraph">If a confrontation at a boat ramp, a sandbar, or a marina has led to an arrest or a call from an officer, call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. We will get the video, the FWC and police reports, and the witness list, and work to keep a dispute on the water from becoming a life felony. You can call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney <a href="https://www.brancatolawfirm.com/lawyers/jean-luc-adrien/">Jean-Luc Adrien</a> speaks Spanish, Haitian Creole, and French. Read our guide for <a href="https://www.brancatolawfirm.com/blog/haitian-creole-spanish-criminal-defense-attorney-tampa/">criminal defense in Spanish and Haitian Creole in Tampa</a>.</p>



<p class="wp-block-paragraph">For more about our defense strategies, visit our <a href="https://www.brancatolawfirm.com/tampa-violent-crime-lawyer/">Tampa Violent Crime Lawyer</a> page.</p>



<p class="wp-block-paragraph">The Brancato Law Firm, P.A.<br>620 E. Twiggs Street, Suite 205, Tampa, FL 33602<br>(813) 727-7159<br>Serving Hillsborough, Pinellas, and Pasco Counties</p>



<p class="wp-block-paragraph">The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.</p>
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            <item>
                <title><![CDATA[What Is Trespass in Florida? Trespassing Laws, Penalties, and Defenses (2026)]]></title>
                <link>https://www.brancatolawfirm.com/blog/what-is-trespass-in-florida/</link>
                <guid isPermaLink="true">https://www.brancatolawfirm.com/blog/what-is-trespass-in-florida/</guid>
                <dc:creator><![CDATA[Brancato Law Firm, P.A.]]></dc:creator>
                <pubDate>Sat, 24 Oct 2026 13:14:38 GMT</pubDate>
                
                    <category><![CDATA[Theft & Property Crimes]]></category>
                
                
                    <category><![CDATA[Burglary]]></category>
                
                    <category><![CDATA[Dropping Charges]]></category>
                
                    <category><![CDATA[Hillsborough County]]></category>
                
                    <category><![CDATA[Motion to Suppress]]></category>
                
                    <category><![CDATA[Self-Defense]]></category>
                
                    <category><![CDATA[Trespass]]></category>
                
                
                
                    <media:thumbnail url="https://brancatolawfirm-com.justia.site/wp-content/uploads/sites/1227/2026/10/what-is-trespass-in-florida-cover-1.jpg"/>
                
                <description><![CDATA[<p>Fully rewritten and updated October 23, 2026. Trespass in Florida is willfully entering or staying on property without permission, or refusing to leave after the owner or an authorized person tells you to go. Most trespass charges are misdemeanors under sections 810.08 and 810.09 of the Florida Statutes, punishable by up to 60 days or&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p class="wp-block-paragraph">Fully rewritten and updated October 23, 2026.</p>


<div style="border:1px solid #000;padding:16px 20px;margin:0 0 24px 0"><p>Trespass in Florida is willfully entering or staying on property without permission, or refusing to leave after the owner or an authorized person tells you to go. Most trespass charges are misdemeanors under sections 810.08 and 810.09 of the Florida Statutes, punishable by up to 60 days or up to 1 year in jail. Trespass becomes a third-degree felony, punishable by up to 5 years in prison, when the person is armed or the property is a specially posted site such as a construction site. In many cases the State’s weakest point is proving that the warning or the posting came from someone with legal authority.</p></div>


<p class="wp-block-paragraph">Most trespass cases are decided by a question the arrest report rarely answers: who told the person to leave, and did that person have the authority to say it? I have watched that question decide cases for more than 25 years in Hillsborough County courtrooms. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a <a href="https://www.brancatolawfirm.com/">Tampa criminal defense</a> firm, and the former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. On every trespass case, our attorneys pull the warning, the posting, and the written authorization behind them before we advise a client on anything else.</p>



<h2 class="wp-block-heading">What Counts as Trespass Under Florida Law?</h2>



<p class="wp-block-paragraph">Florida law treats trespass as two separate crimes: trespass in a structure or conveyance, and trespass on property other than a structure or conveyance. Under <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.08.html">section 810.08, Florida Statutes</a>, a person commits trespass in a structure or conveyance by willfully entering or remaining in a building or vehicle without being authorized, licensed, or invited, or by refusing to leave after the owner, the lessee, or a person they authorized warns the person to depart. Under <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.09.html">section 810.09, Florida Statutes</a>, trespass on land requires one more element: notice against entering, given in person or by posting, fencing, or cultivation. The only exception is the unenclosed curtilage of a home, where entering with intent to commit another crime is enough.</p>



<p class="wp-block-paragraph">Florida’s definitions in <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.011.html">section 810.011</a> are broad. A structure is any building with a roof, temporary or permanent, together with its curtilage. A conveyance is any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car. During a state of emergency declared by the Governor, such as the declarations that follow a hurricane, a damaged building still counts as a structure for trespass purposes even if walls or a roof are gone, which matters in Tampa Bay after every storm season.</p>



<p class="wp-block-paragraph">The word “willfully” carries weight in both statutes. A person who walks through an unmarked side door believing it is open to the public, or who never heard a warning, did not willfully trespass. Our attorneys at The Brancato Law Firm look first at what the client knew and when, because the State has to prove that knowledge beyond a reasonable doubt. Our approach to trespass and other property charges in Tampa is described on our <a href="https://www.brancatolawfirm.com/hillsborough-county-criminal-defense-attorney/">Hillsborough County criminal defense attorney</a> page.</p>


<table style="border-collapse:collapse;width:100%;margin:0 0 24px 0"><thead><tr><th style="border:1px solid #000;padding:8px;text-align:left;vertical-align:top;font-weight:bold">Question</th><th style="border:1px solid #000;padding:8px;text-align:left;vertical-align:top;font-weight:bold">Trespass in a structure or conveyance</th><th style="border:1px solid #000;padding:8px;text-align:left;vertical-align:top;font-weight:bold">Trespass on property (land)</th></tr></thead><tbody><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Statute</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Section 810.08</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Section 810.09</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">What it covers</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Homes, stores, offices, sheds, garages, cars, boats, trailers</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Yards, lots, fields, parking areas, and other land</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Is a sign or warning required?</td><td style="border:1px solid #000;padding:8px;vertical-align:top">No sign is needed for an unauthorized entry; refusing a warning to leave is a second way to commit it</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Yes: notice in person, or by posting, fencing, or cultivation (except curtilage entered with intent to commit another crime)</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Base penalty</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Second-degree misdemeanor: up to 60 days and a $500 fine</td><td style="border:1px solid #000;padding:8px;vertical-align:top">First-degree misdemeanor: up to 1 year and a $1,000 fine</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Felony version</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Armed with a firearm or other dangerous weapon</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Armed, or on certain specially posted sites</td></tr></tbody></table>


<h2 class="wp-block-heading">What Is Trespass After Warning in Florida?</h2>



<p class="wp-block-paragraph">“Trespass after warning” is the common name for staying on, or coming back to, property after the owner or an authorized person has told you to leave. Florida has no separate statute with that title. The charge is filed under section 810.08 when the place is a building or vehicle, and under section 810.09 when it is land, such as a parking lot. Defying an order to leave that was personally communicated to you makes trespass on land a first-degree misdemeanor, punishable by up to 1 year in jail.</p>



<p class="wp-block-paragraph">The warning has to come from the right person. Section 810.09(3) defines an authorized person as the owner, the owner’s agent, a community association acting as the owner’s agent, or a law enforcement officer whose department has received written authorization to communicate an order to leave. Section 810.08(3) uses a similar definition for buildings. The Brancato Law Firm treats that written authorization as a document to be produced and tested in every case where an officer, not the owner, gave the warning.</p>



<p class="wp-block-paragraph">In Tampa, that written authorization is often a Trespass Affidavit. The <a href="https://www.tampa.gov/police/programs/trespass-affidavit-program">Tampa Police Department Trespass Affidavit Program</a> lets a property owner sign a notarized form (TPD Form 127) that allows any Tampa Police officer to act as the owner’s representative, warn people to leave, and arrest people who refuse. TPD’s program page also says the owner must file a new affidavit when management, contact numbers, or the subpoena address change, and that if the department or court cannot contact the owner or agent, prosecution will not be pursued. When our attorneys take a Tampa trespass case, we request the affidavit and check who signed it, when, and whether anyone at that business can still be reached to testify.</p>



<h3 class="wp-block-heading">Smith v. State: a blanket authorization is not a warning</h3>



<p class="wp-block-paragraph"><a href="https://law.justia.com/cases/florida/district-courts-of-appeal/2000/778-so-2d-329.html">Smith v. State, 778 So. 2d 329 (Fla. 2d DCA 2000)</a> is the leading local case on this issue. Two St. Petersburg officers watched Reginald Smith walk around the parking lot of a 24-hour convenience store for about ten minutes, talking to customers. The owner had signed a blanket authorization for police to issue trespass warnings at the store, but no one, not the owner, an employee, or an officer, had ever told Smith to leave. The officers arrested him for trespass and found drugs in the search that followed.</p>



<p class="wp-block-paragraph">The Second District Court of Appeal, which hears appeals from Hillsborough, Pinellas, and Pasco Counties, reversed. The court held that a store open to the public extends an implied invitation to enter, and that actual communication is necessary to withdraw it. A “No Trespassing” sign on the store wall was not statutory posting of the parking lot. Because no trespass occurred in the officers’ presence, the arrest was illegal, the drugs were suppressed, and Smith was discharged. The lesson reaches past trespass: when an arrest for trespass is unlawful, the evidence found after it can be thrown out with a motion to suppress, and the same missing-warning problem can defeat the trespass charge itself at trial.</p>



<h2 class="wp-block-heading">How Often Do Trespass Arrests Happen in Hillsborough County?</h2>



<p class="wp-block-paragraph">Trespass and burglary charges are a routine part of Hillsborough County’s criminal docket. In 2025, Hillsborough County jail bookings reported to the Florida Department of Law Enforcement carried 4,859 charges under Florida’s Burglary and Trespass chapter (Chapter 810), out of 79,626 charges booked in the county that year, according to FDLE’s <a href="https://www.fdle.state.fl.us/crime-public-safety/crime-data/criminal-justice-data-transparency/cjdt-arrest-reports">Criminal Justice Data Transparency County Detention Arrest Report</a>. FDLE’s report groups trespass with burglary under that chapter heading, so the figure covers both offenses, and our firm defends clients on both sides of that line.</p>


<div class="wp-block-image">
<figure class="aligncenter size-large is-resized"><img loading="lazy" decoding="async" width="819" height="1024" src="/static/2026/10/florida-trespass-statistics-2025-hillsborough-1-819x1024.jpg" alt="Florida trespassing laws by the numbers from The Brancato Law Firm, P.A. In 2025, Hillsborough County jail bookings reported to FDLE carried 4,859 burglary and trespass charges under Chapter 810 (FDLE Criminal Justice Data Transparency, 2025). Under section 810.011 of the 2026 Florida Statutes, No Trespassing signs must be no more than 500 feet apart with letters at least 2 inches high, and a fence must be at least 3 feet high to give legal notice." class="wp-image-6141" style="width:600px" srcset="/static/2026/10/florida-trespass-statistics-2025-hillsborough-1-819x1024.jpg 819w, /static/2026/10/florida-trespass-statistics-2025-hillsborough-1-240x300.jpg 240w, /static/2026/10/florida-trespass-statistics-2025-hillsborough-1-768x960.jpg 768w, /static/2026/10/florida-trespass-statistics-2025-hillsborough-1.jpg 1080w" sizes="auto, (max-width: 819px) 100vw, 819px" /></figure>
</div>


<p class="wp-block-paragraph">Researchers have documented why trespass warnings produce so many arrests. In “Penal Boundaries: Banishment and the Expansion of Punishment,” published in Law & Social Inquiry in 2010, University of Washington researchers Katherine Beckett and Steve Herbert studied trespass admonishments, parks exclusion orders, and similar orders in Seattle (<a href="https://lsj.washington.edu/research/publications/penal-boundaries-banishment-and-expansion-punishment">University of Washington summary and full text</a>). They found that these warnings let police act as agents of property owners, and that a civil warning becomes a criminal case the moment the person returns. Our attorneys see the same pattern in Tampa: the warning is issued in seconds, and the arrest comes weeks or months later on a return visit.</p>



<h2 class="wp-block-heading">How Long Does a Trespass Warning Last in Florida?</h2>



<p class="wp-block-paragraph">Florida’s trespass statutes do not set an expiration date for a trespass warning. A warning from a private owner generally stays in effect until the owner withdraws it, which is why a ban from a store or apartment complex can still be enforced a year or more later. Tampa Police Department’s program page says an owner who wants to end the department’s role as agent must notify the department in writing. The Brancato Law Firm still examines old warnings closely, because the State must prove the person received the warning, and proof of a conversation that happened long ago is often thin.</p>



<p class="wp-block-paragraph">Warnings issued by a government agency for public property can carry their own limits. The St. Petersburg ordinance reviewed in Catron v. City of St. Petersburg in 2011 capped city trespass warnings at one year for a first violation and two years for later ones. That case is discussed in the next section.</p>



<h2 class="wp-block-heading">Can You Be Trespassed From Public Property in Florida?</h2>



<p class="wp-block-paragraph">Yes, a government agency can trespass a person from public property, but the person giving the warning must have authority over that property, and the warning cannot be used without limits. Two cases set the boundaries that matter most in Tampa Bay.</p>



<p class="wp-block-paragraph">In <a href="https://law.justia.com/cases/federal/appellate-courts/ca11/10-12032/201012032-2011-09-28.html">Catron v. City of St. Petersburg, 658 F.3d 1260 (11th Cir. 2011)</a>, four homeless residents challenged a St. Petersburg ordinance that let police and city employees issue trespass warnings excluding people from city parks and other city property, with no procedure to contest the warning. One plaintiff received a warning for “all city parks” that was to last “permanently.” The Eleventh Circuit held that people have a protected liberty interest in being on public land open to the general public, and that the plaintiffs had stated a procedural due process claim because the ordinance gave them no way to challenge a warning. The court also allowed a claim under the Florida Constitution’s right to intrastate travel to proceed.</p>



<p class="wp-block-paragraph">In <a href="https://law.justia.com/cases/florida/supreme-court/2011/sc10-1852.html">D.J. v. State, 67 So. 3d 1029 (Fla. 2011)</a>, a security guard at a Miami-Dade middle school told a juvenile who was not a student to leave, and he was arrested when he came back the next day. The Florida Supreme Court vacated his conviction under <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.097.html">section 810.097, Florida Statutes</a>, holding that the identity and authority of the person who gave the warning, the principal or the principal’s designee, are essential elements the State must prove. The State had offered no evidence that the guard was the principal’s designee. Our attorneys at The Brancato Law Firm apply the same reasoning to warnings given at parks, libraries, transit centers, and other public places in Hillsborough, Pinellas, and Pasco Counties.</p>



<h2 class="wp-block-heading">What Are the Penalties for Trespass in Florida?</h2>



<p class="wp-block-paragraph">Trespass penalties in Florida range from a second-degree misdemeanor to a third-degree felony, depending on the place, whether anyone was inside, and whether the person was armed. The maximum jail terms come from <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.082.html">section 775.082</a> and the maximum fines from <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.083.html">section 775.083</a>: up to 60 days and $500 for a second-degree misdemeanor, up to 1 year and $1,000 for a first-degree misdemeanor, and up to 5 years and $5,000 for a third-degree felony. The Brancato Law Firm reviews every enhancement in the charging document, because each one is an element the State must prove.</p>


<table style="border-collapse:collapse;width:100%;margin:0 0 24px 0"><thead><tr><th style="border:1px solid #000;padding:8px;text-align:left;vertical-align:top;font-weight:bold">Type of trespass</th><th style="border:1px solid #000;padding:8px;text-align:left;vertical-align:top;font-weight:bold">Statute</th><th style="border:1px solid #000;padding:8px;text-align:left;vertical-align:top;font-weight:bold">Classification</th><th style="border:1px solid #000;padding:8px;text-align:left;vertical-align:top;font-weight:bold">Maximum penalty</th></tr></thead><tbody><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Structure or conveyance, no one inside</td><td style="border:1px solid #000;padding:8px;vertical-align:top">810.08(2)(a)</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Second-degree misdemeanor</td><td style="border:1px solid #000;padding:8px;vertical-align:top">60 days jail, $500 fine</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Structure or conveyance, a person inside</td><td style="border:1px solid #000;padding:8px;vertical-align:top">810.08(2)(b)</td><td style="border:1px solid #000;padding:8px;vertical-align:top">First-degree misdemeanor</td><td style="border:1px solid #000;padding:8px;vertical-align:top">1 year jail, $1,000 fine</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Armed trespass in a structure or conveyance</td><td style="border:1px solid #000;padding:8px;vertical-align:top">810.08(2)(c)</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Third-degree felony</td><td style="border:1px solid #000;padding:8px;vertical-align:top">5 years prison, $5,000 fine</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Trespass on property (land) after notice</td><td style="border:1px solid #000;padding:8px;vertical-align:top">810.09(2)</td><td style="border:1px solid #000;padding:8px;vertical-align:top">First-degree misdemeanor</td><td style="border:1px solid #000;padding:8px;vertical-align:top">1 year jail, $1,000 fine</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Armed trespass on property</td><td style="border:1px solid #000;padding:8px;vertical-align:top">810.09(2)(b)</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Third-degree felony</td><td style="border:1px solid #000;padding:8px;vertical-align:top">5 years prison, $5,000 fine</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Posted construction site</td><td style="border:1px solid #000;padding:8px;vertical-align:top">810.09(2)(c)</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Third-degree felony</td><td style="border:1px solid #000;padding:8px;vertical-align:top">5 years prison, $5,000 fine</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Other specially posted sites (commercial horticulture, agricultural research, certified domestic violence center, agricultural chemicals plant, areas secured by law enforcement)</td><td style="border:1px solid #000;padding:8px;vertical-align:top">810.09(2)(d), (e), (f), (h), (k)</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Third-degree felony</td><td style="border:1px solid #000;padding:8px;vertical-align:top">5 years prison, $5,000 fine</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">School grounds without legitimate business</td><td style="border:1px solid #000;padding:8px;vertical-align:top">810.097(1)</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Second-degree misdemeanor</td><td style="border:1px solid #000;padding:8px;vertical-align:top">60 days jail, $500 fine</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">School grounds after a warning by the principal or designee</td><td style="border:1px solid #000;padding:8px;vertical-align:top">810.097(2)</td><td style="border:1px solid #000;padding:8px;vertical-align:top">First-degree misdemeanor</td><td style="border:1px solid #000;padding:8px;vertical-align:top">1 year jail, $1,000 fine</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Possession of burglary tools</td><td style="border:1px solid #000;padding:8px;vertical-align:top">810.06</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Third-degree felony</td><td style="border:1px solid #000;padding:8px;vertical-align:top">5 years prison, $5,000 fine</td></tr></tbody></table>

<div class="wp-block-image">
<figure class="aligncenter size-large is-resized"><img loading="lazy" decoding="async" width="683" height="1024" src="/static/2026/02/when-trespass-becomes-felony-florida-penalties-infographic-683x1024.jpg" alt="Infographic by Tampa criminal defense attorney Rocky Brancato of The Brancato Law Firm, P.A. showing how Florida trespass penalties escalate. Trespass in a structure with no one inside is a second-degree misdemeanor up to 60 days. Trespass with someone inside is a first-degree misdemeanor up to one year. Trespass on a posted construction site is a third-degree felony up to five years. Armed trespass is a third-degree felony up to five years, even with a legally owned firearm. The felony enhancements can be challenged." class="wp-image-4230" style="width:600px" srcset="/static/2026/02/when-trespass-becomes-felony-florida-penalties-infographic-683x1024.jpg 683w, /static/2026/02/when-trespass-becomes-felony-florida-penalties-infographic-200x300.jpg 200w, /static/2026/02/when-trespass-becomes-felony-florida-penalties-infographic-768x1152.jpg 768w, /static/2026/02/when-trespass-becomes-felony-florida-penalties-infographic.jpg 1024w" sizes="auto, (max-width: 683px) 100vw, 683px" /></figure>
</div>


<p class="wp-block-paragraph">The armed enhancement applies when the person is armed with a firearm or other dangerous weapon during the trespass, or arms himself or herself while inside a structure. For armed trespass only, the statutes let an owner or authorized person detain the suspect in a reasonable manner and for a reasonable time, and they must call law enforcement as soon as practicable. The construction-site felony has its own sign rule: a site larger than one acre must be legally posted with a felony warning, and a site of one acre or less needs a sign with letters at least 2 inches high placed where the construction permits are posted.</p>



<h2 class="wp-block-heading">What Does “Posted” Mean Under Florida Trespass Law?</h2>



<p class="wp-block-paragraph">Posted land under <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.011.html">section 810.011(5), Florida Statutes</a>, is land with “No Trespassing” signs placed not more than 500 feet apart along the boundaries and at each corner, with letters at least 2 inches high, showing the name of the owner, lessee, or occupant, and placed so they are clearly noticeable from outside the boundary. Fenced land counts as notice if the fence is of substantial construction and at least 3 feet high. Cultivated land counts if it has been cleared and planted with a crop, orchard, grove, pasture, or trees, or is fallow as part of a crop rotation. All of these figures come from the 2026 Florida Statutes.</p>


<table style="border-collapse:collapse;width:100%;margin:0 0 24px 0"><thead><tr><th style="border:1px solid #000;padding:8px;text-align:left;vertical-align:top;font-weight:bold">Notice method</th><th style="border:1px solid #000;padding:8px;text-align:left;vertical-align:top;font-weight:bold">What the statute requires</th></tr></thead><tbody><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Signs</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Not more than 500 feet apart and at each corner; letters at least 2 inches high; the words “no trespassing” and the owner’s, lessee’s, or occupant’s name</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Painted notice</td><td style="border:1px solid #000;padding:8px;vertical-align:top">International orange paint with stenciled “No Trespassing” letters at least 2 inches high and 1 inch wide, 3 to 5 feet off the ground, plus compliant signs at every normal entry point</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Fence</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Substantial construction and at least 3 feet high; boundaries formed by water need no fence</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Cultivation</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Cleared land planted with a crop, orchard, grove, pasture, or trees, or fallow land in a crop rotation</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Actual communication</td><td style="border:1px solid #000;padding:8px;vertical-align:top">A personal warning from the owner or an authorized person</td></tr></tbody></table>


<p class="wp-block-paragraph">Defective posting is one of the most practical defenses in a land-trespass case. A single sign on a building, a sign with no owner name, or a gap of more than 500 feet between signs may not satisfy the statute, and Smith shows that even a compliant sign may not withdraw the invitation to an open business’s parking lot. Under section 810.12, entering land that is properly enclosed and posted is prima facie evidence of intent to trespass, so our attorneys at The Brancato Law Firm measure, photograph, and document the posting before the property owner fixes it.</p>



<h2 class="wp-block-heading">What Is the Difference Between Trespass and Burglary in Florida?</h2>



<p class="wp-block-paragraph">The difference is intent. Under <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.02.html">section 810.02, Florida Statutes</a>, burglary is entering a dwelling, structure, or conveyance with the intent to commit an offense inside, unless the premises are open to the public or the person is licensed or invited to enter. Trespass requires no intent to commit any other crime. That single element can be the difference between a misdemeanor and a burglary charge that can carry up to life in prison, so The Brancato Law Firm treats every burglary charge as a possible trespass case. Our guide to <a href="https://www.brancatolawfirm.com/blog/what-is-burglary-in-florida/">what burglary is in Florida</a> covers the burglary side in detail.</p>


<div style="border:1px solid #000;padding:16px 20px;margin:0 0 24px 0"><p><strong>Case result: armed burglary reduced to armed trespass at trial.</strong> We represented a man charged with armed burglary of an occupied dwelling, a charge that carries a potential life sentence. Our client had entered a home while armed, not realizing the homeowner was inside. The homeowner treated him with kindness, fed him a sandwich and gave him rum, and the client fell asleep. Rocky took the case to trial, and the jury rejected the armed burglary charge. The verdict was armed trespass only, sparing our client a potential life sentence. Past results do not guarantee future outcomes.</p></div>


<p class="wp-block-paragraph">Trespass also sits next to other charges prosecutors add to the same arrest. Hanging around a closed business at night may be charged as <a href="https://www.brancatolawfirm.com/blog/what-is-loitering-and-prowling/">loitering and prowling</a>, damage to a gate or fence may add <a href="https://www.brancatolawfirm.com/blog/what-is-criminal-mischief-in-florida/">criminal mischief</a>, and taking anything from the property can bring a <a href="https://www.brancatolawfirm.com/blog/what-is-theft-in-florida/">theft</a> charge.</p>


<div class="wp-block-image">
<figure class="aligncenter size-large is-resized"><img loading="lazy" decoding="async" width="683" height="1024" src="/static/2026/02/trespass-vs-burglary-florida-difference-infographic-683x1024.jpg" alt="Infographic by Tampa criminal defense attorney Rocky Brancato of The Brancato Law Firm, P.A. comparing trespass and burglary in Florida. Trespass is entering or remaining without permission with no intent to commit a crime inside, carrying as little as 60 days in jail. Burglary is entering or remaining without permission plus intent to commit a crime inside, carrying up to life in prison. The intent element is the only difference, and prosecutors often overcharge trespass as burglary." class="wp-image-4228" style="width:600px" srcset="/static/2026/02/trespass-vs-burglary-florida-difference-infographic-683x1024.jpg 683w, /static/2026/02/trespass-vs-burglary-florida-difference-infographic-200x300.jpg 200w, /static/2026/02/trespass-vs-burglary-florida-difference-infographic-768x1152.jpg 768w, /static/2026/02/trespass-vs-burglary-florida-difference-infographic.jpg 1024w" sizes="auto, (max-width: 683px) 100vw, 683px" /></figure>
</div>


<h2 class="wp-block-heading">What Is Possession of Burglary Tools in Florida?</h2>



<p class="wp-block-paragraph">Possession of burglary tools under <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.06.html">section 810.06, Florida Statutes</a> is a third-degree felony, punishable by up to 5 years in prison, and it applies to tools intended for a trespass as well as a burglary. The statute requires proof that the person had the tool, machine, or implement with intent to use it, or allow it to be used, to commit a burglary or trespass. A screwdriver, a pry bar, or bolt cutters are ordinary tools with lawful uses, so the State usually relies on circumstantial evidence of intent. Our attorneys at The Brancato Law Firm challenge that inference with the client’s work history, receipts, and the reason the tools were in the vehicle.</p>



<h2 class="wp-block-heading">Can You Use Force Against a Trespasser in Florida?</h2>



<p class="wp-block-paragraph">Florida allows non-deadly force against a trespasser in limited circumstances and allows deadly force only to prevent a forcible felony. Under <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/Sections/0776.031.html">section 776.031, Florida Statutes</a>, a person may use or threaten force, other than deadly force, when and to the extent he or she reasonably believes it is necessary to prevent or end a trespass on real property other than a dwelling, if the property is lawfully in that person’s possession, a family or household member’s possession, or the possession of someone he or she has a legal duty to protect. Deadly force is justified only when the person reasonably believes it is necessary to prevent the imminent commission of a forcible felony. A trespass by itself is not a forcible felony.</p>



<p class="wp-block-paragraph">Different rules apply when someone unlawfully and forcibly enters an occupied home or vehicle. Our guide to <a href="https://www.brancatolawfirm.com/blog/tampa-attorney-for-self-defense/">self-defense in Florida</a> explains how those rules work, and our attorneys at The Brancato Law Firm defend both people charged with trespass and property owners charged after using force against a trespasser.</p>



<h2 class="wp-block-heading">How Do Our Attorneys Fight a Trespass Charge in Tampa?</h2>



<p class="wp-block-paragraph">Our attorneys fight a trespass charge by testing each element in the order the State has to prove it. These are the questions we answer first, and each one can end a case:</p>


<ol class="wp-block-list"><li><strong>Who gave the warning?</strong> We identify the person by name. A report that says only that the defendant “had been trespassed” does not prove who gave the warning.</li><li><strong>Did that person have authority?</strong> We demand the owner’s written authorization or the Tampa Police Trespass Affidavit when an officer gave the warning, and we check whether a school warning came from the principal or a designee under D.J.</li><li><strong>Was notice actually given?</strong> For land, we compare the signs, paint, and fencing to section 810.011. For an open business, we look for actual communication under Smith.</li><li><strong>Was the entry willful?</strong> We look for open doors, missing signs, confusing boundaries, and anything showing the client believed he or she was allowed to be there.</li><li><strong>Does the felony enhancement hold up?</strong> We test whether the object was a firearm or dangerous weapon and whether a construction site or other special site was posted exactly as the statute requires.</li><li><strong>Is it really burglary?</strong> When the State charges burglary, we attack the intent element and argue for trespass as the correct offense, as we did at trial in the case described above.</li><li><strong>Was the arrest legal?</strong> In most trespass cases, a warrantless misdemeanor arrest requires the offense to occur in the officer’s presence. If it did not, we move to suppress anything found afterward.</li></ol>

<div class="wp-block-image">
<figure class="aligncenter size-large is-resized"><img loading="lazy" decoding="async" width="819" height="1024" src="/static/2026/10/florida-trespass-warning-four-questions-1-819x1024.jpg" alt="Framework graphic from The Brancato Law Firm, P.A. on how Tampa criminal defense attorneys test a Florida trespass after warning charge: 1. Who gave the warning, by name. 2. Did that person have authority, as the owner, an agent, or an officer with written authorization. 3. Was notice given in person or by signs that meet section 810.011. 4. Was the entry willful. The State must prove every step of the warning." class="wp-image-6142" style="width:600px" srcset="/static/2026/10/florida-trespass-warning-four-questions-1-819x1024.jpg 819w, /static/2026/10/florida-trespass-warning-four-questions-1-240x300.jpg 240w, /static/2026/10/florida-trespass-warning-four-questions-1-768x960.jpg 768w, /static/2026/10/florida-trespass-warning-four-questions-1.jpg 1080w" sizes="auto, (max-width: 819px) 100vw, 819px" /></figure>
</div>


<h2 class="wp-block-heading">Can Trespass Charges Be Dropped in Florida?</h2>



<p class="wp-block-paragraph">Yes. Trespass charges can be dropped when the State cannot prove the warning, the authority behind it, or proper notice, and many first-time trespass cases resolve without a conviction. The State Attorney’s Office for the 13th Judicial Circuit can decline to file a charge, file a nolle prosequi (a formal dismissal) after charges are filed, or offer pretrial diversion to an eligible first-time offender, which ends in dismissal when the program is completed. When a case is resolved by plea, a withhold of adjudication means the person is not formally convicted.</p>



<p class="wp-block-paragraph">The earliest opportunity comes before charges are filed. A misdemeanor trespass arrest in Tampa often starts with a notice to appear or a short jail stay, and the prosecutor’s filing decision comes later. Through our <a href="https://www.brancatolawfirm.com/tampa-attorney-before-charges-are-filed/">representation before charges are filed</a>, The Brancato Law Firm can present the missing-warning problem, the property owner’s position, and the client’s background to the assigned prosecutor before a formal charge is filed.</p>



<h2 class="wp-block-heading">What Should You Do After a Trespass Warning or Arrest?</h2>



<p class="wp-block-paragraph">After a trespass warning or arrest, protect the evidence and stay away from the property. Store surveillance systems record over old footage, employees change jobs, and the person who gave the warning may not remember it months later. These steps help our attorneys build the defense:</p>


<ul class="wp-block-list"><li>Do not return to the property, even to apologize or pick up belongings; a return visit is how most trespass-after-warning cases start.</li><li>Write down who gave the warning, what was said, the date and time, and who else was present.</li><li>Keep any written trespass notice, citation, notice to appear, or property receipt.</li><li>Photograph the entrances, signs, gates, and fences from the spot where you entered, as soon as you safely can.</li><li>Do not discuss the incident with the property owner, security staff, or police without a lawyer.</li><li>Note your first court date and call a defense attorney before it.</li></ul>


<h2 class="wp-block-heading">Frequently Asked Questions About Trespass in Florida</h2>



<h3 class="wp-block-heading">Is trespassing a felony or a misdemeanor in Florida?</h3>



<p class="wp-block-paragraph">Trespassing is usually a misdemeanor in Florida, and it becomes a third-degree felony when the person is armed or the property is a construction site or other site posted with a felony warning. The Brancato Law Firm checks every felony trespass charge for an enhancement the State cannot prove, which can reduce the case to a misdemeanor. Our <a href="https://www.brancatolawfirm.com/hillsborough-county-criminal-defense-attorney/">Tampa trespass defense</a> work covers both levels.</p>



<h3 class="wp-block-heading">Can I be arrested for trespassing if there was no sign in Florida?</h3>



<p class="wp-block-paragraph">Yes, you can be arrested for trespassing without a sign if you entered a building without permission or were told in person to leave and refused. Our attorneys at The Brancato Law Firm compare the posting to section 810.011 in every land-trespass case, because land without proper signs, fencing, or cultivation requires a personal warning before trespass on that land is a crime, except in a home’s curtilage when the person intends another crime.</p>



<h3 class="wp-block-heading">Can a store ban me for life in Florida?</h3>



<p class="wp-block-paragraph">A private business can withdraw its invitation and tell you not to return, and Florida’s trespass statutes set no expiration date for that warning. The Brancato Law Firm looks at whether the warning was actually given to you by the owner or an authorized person, because <a href="https://law.justia.com/cases/florida/district-courts-of-appeal/2000/778-so-2d-329.html">Smith v. State</a> shows that a blanket authorization alone is not a warning.</p>



<h3 class="wp-block-heading">Can police trespass me from a public park in Tampa Bay?</h3>



<p class="wp-block-paragraph">Yes, an authorized government official can issue a trespass warning for public property, but the warning must come from someone with authority over that property, and in Catron v. City of St. Petersburg the Eleventh Circuit held that a city ordinance giving people no way to challenge a warning stated a due process claim. Our attorneys at The Brancato Law Firm defend park, library, and transit trespass cases in Hillsborough, Pinellas, and Pasco Counties; see our <a href="https://www.brancatolawfirm.com/pinellas-county-criminal-defense-attorney/">Pinellas County criminal defense</a> page for St. Petersburg and Clearwater cases.</p>



<h3 class="wp-block-heading">Can a trespass charge be dropped if the property owner does not want to prosecute?</h3>



<p class="wp-block-paragraph">The owner’s wishes matter, but the decision to drop a trespass charge belongs to the State Attorney’s Office, not the owner. The Brancato Law Firm contacts the owner or manager when appropriate and presents that position to the prosecutor, which is especially effective through <a href="https://www.brancatolawfirm.com/tampa-attorney-before-charges-are-filed/">pre-file advocacy</a> before a charge is formally filed.</p>



<h3 class="wp-block-heading">Will a trespass charge show up on a background check in Florida?</h3>



<p class="wp-block-paragraph">Yes, a trespass arrest appears on a Florida criminal history even if the case is later dropped. When the case ends in a dismissal, a nolle prosequi, or a withhold of adjudication, the person may be eligible to seal or expunge the record under Florida’s eligibility rules, and The Brancato Law Firm builds that goal into how we resolve the case.</p>



<h3 class="wp-block-heading">How much does a trespass lawyer cost in Tampa?</h3>



<p class="wp-block-paragraph">The cost of a trespass lawyer in Tampa depends on whether the charge is a misdemeanor or a felony, whether other charges were filed with it, and whether the case goes to trial. The Brancato Law Firm offers a free, confidential consultation and quotes a fee after reviewing the charging document and the warning evidence. Call (813) 727-7159.</p>



<h2 class="wp-block-heading">Talk to a Tampa Trespass Defense Attorney</h2>



<p class="wp-block-paragraph">Every trespass case has a short window to save the evidence that wins it: the video, the sign, and the name of the person who gave the warning. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 before your first court date, and our attorneys will start by identifying who gave the warning and whether that person had the authority to give it. Call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney <a href="https://www.brancatolawfirm.com/lawyers/jean-luc-adrien/">Jean-Luc Adrien</a> speaks Spanish, Haitian Creole, and French. Read our guide for <a href="https://www.brancatolawfirm.com/blog/haitian-creole-spanish-criminal-defense-attorney-tampa/">Spanish-speaking criminal defense clients in Tampa</a>.</p>



<p class="wp-block-paragraph">For more about our defense strategies, visit our <a href="https://www.brancatolawfirm.com/hillsborough-county-criminal-defense-attorney/">Hillsborough County Criminal Defense</a> page.</p>



<p class="wp-block-paragraph">The Brancato Law Firm, P.A.<br>620 E. Twiggs Street, Suite 205, Tampa, FL 33602<br>(813) 727-7159<br>Serving Hillsborough, Pinellas, and Pasco Counties</p>



<p class="wp-block-paragraph">The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.</p>
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            <item>
                <title><![CDATA[How to Fight a Burglary Charge in Florida (2026)]]></title>
                <link>https://www.brancatolawfirm.com/blog/what-is-burglary-in-florida/</link>
                <guid isPermaLink="true">https://www.brancatolawfirm.com/blog/what-is-burglary-in-florida/</guid>
                <dc:creator><![CDATA[Brancato Law Firm, P.A.]]></dc:creator>
                <pubDate>Fri, 23 Oct 2026 02:47:39 GMT</pubDate>
                
                    <category><![CDATA[Theft & Property Crimes]]></category>
                
                
                    <category><![CDATA[Burglary]]></category>
                
                    <category><![CDATA[Case Law Update]]></category>
                
                    <category><![CDATA[Defense Strategy]]></category>
                
                    <category><![CDATA[Hillsborough County]]></category>
                
                    <category><![CDATA[Trespass]]></category>
                
                
                
                    <media:thumbnail url="https://brancatolawfirm-com.justia.site/wp-content/uploads/sites/1227/2026/10/how-to-fight-burglary-charge-florida-2026.jpg"/>
                
                <description><![CDATA[<p>What the State must prove in a Florida burglary case, the remaining-in theories, curtilage and porches, penalties and emergency upgrades, C.G., Lanzo, and Russell, trespass, and local arrest data.</p>
]]></description>
                <content:encoded><![CDATA[<p class="wp-block-paragraph">Updated October 22, 2026</p>

<div style="border:1px solid #000;padding:16px 20px;margin:0 0 24px 0"><p>To fight a burglary charge in Florida, make the State prove intent: that you meant to commit a crime inside at the moment you entered or remained. Under section 810.02, an entry without that intent is not burglary, and an entry into a place open to the public or one you were invited into is not burglary unless one of the statute’s “remaining in” theories applies. Other defenses test whether the place was a dwelling, structure, or conveyance (a yard counts only if it is enclosed), whether the State can use the stealthy-entry inference, and whether the facts fit trespass, a misdemeanor in most cases. Burglary ranges from a third-degree felony to a first-degree felony punishable by life.</p></div>

<p class="wp-block-paragraph">If you were arrested for burglary in Hillsborough County, the case against you probably rests less on what was taken than on what the State says you intended when you walked in. My name is Rocky Brancato. Before I founded The Brancato Law Firm, P.A., a <a href="https://www.brancatolawfirm.com/">Tampa criminal defense</a> firm, I served in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, and I have spent more than 25 years in Hillsborough County courtrooms. Our attorneys defend burglary charges of every degree in Hillsborough, Pinellas, and Pasco Counties, from car burglaries to armed burglary of a dwelling, and we start with the intent evidence and the exact place the State says you entered.</p>

<h2 class="wp-block-heading">What does the State have to prove in a Florida burglary case?</h2>

<p class="wp-block-paragraph">The State must prove that you entered or remained in a dwelling, structure, or conveyance with the intent to commit an offense inside. For offenses after July 1, 2001, <a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.02.html">section 810.02(1)(b), Florida Statutes</a>, defines burglary two ways:</p>

<ol class="wp-block-list"><li><strong>Entering</strong> “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.”</li><li><strong>Remaining in</strong> a dwelling, structure, or conveyance, even after a licensed or invited entry, “a. Surreptitiously, with the intent to commit an offense therein; b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or c. To commit or attempt to commit a forcible felony.”</li></ol>

<p class="wp-block-paragraph">The three “remaining in” theories have a history. In <a href="https://www.courtlistener.com/opinion/1126278/delgado-v-state/">Delgado v. State, 776 So. 2d 233 (Fla. 2000)</a>, the Florida Supreme Court held that after a consensual entry, “remaining in” covered only surreptitious remaining. The Legislature responded with the current text for offenses after July 1, 2001. So when a case begins with an invitation, such as a guest, a contractor, or a former partner, our attorneys ask which of the three theories the State is using and whether it can prove it. Our <a href="https://www.brancatolawfirm.com/hillsborough-county-criminal-defense-attorney/">Hillsborough County criminal defense attorney</a> team builds the defense around that answer.</p>

<h2 class="wp-block-heading">What counts as a dwelling, structure, or conveyance?</h2>

<p class="wp-block-paragraph">Each term has a statutory definition, and the definition often decides the degree. Under <a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.011.html">section 810.011, Florida Statutes</a>:</p>

<table style="border-collapse:collapse;width:100%;margin:0 0 24px 0"><thead><tr><th style="border:1px solid #000;padding:8px;text-align:left;vertical-align:top;font-weight:bold">Term</th><th style="border:1px solid #000;padding:8px;text-align:left;vertical-align:top;font-weight:bold">Statutory definition (key words)</th></tr></thead><tbody><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Structure</td><td style="border:1px solid #000;padding:8px;vertical-align:top">“a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof”</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Dwelling</td><td style="border:1px solid #000;padding:8px;vertical-align:top">“a building or conveyance of any kind, including any attached porch,” with a roof, “designed to be occupied by people lodging therein at night, together with the curtilage thereof”</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Conveyance</td><td style="border:1px solid #000;padding:8px;vertical-align:top">“any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car,” and “to enter a conveyance” includes “taking apart any portion of the conveyance”</td></tr></tbody></table>

<p class="wp-block-paragraph">The statute does not define curtilage, and the courts require an enclosure. In <a href="https://www.courtlistener.com/opinion/1919495/state-v-hamilton/">State v. Hamilton, 660 So. 2d 1038 (Fla. 1995)</a>, two men took outboard motors from a boat in a backyard bordered only by “several unevenly spaced trees,” and the homeowner shot one of them. The Florida Supreme Court held that the burglary statute carries forward “the common law requirement of some form of an enclosure in order for the area surrounding a residence to be considered part of the ‘curtilage.'” The burglary charge, and the felony murder charge built on it, could not stand.</p>

<div class="wp-block-image"><figure class="aligncenter size-large is-resized"><img loading="lazy" decoding="async" width="777" height="1024" src="/static/2026/09/curtilage-fenced-yard-burglary-dwelling-florida-777x1024.jpg" alt="Infographic explaining that in Florida an enclosed yard is curtilage and legally part of the dwelling, so entering a fenced yard can be charged as burglary of a dwelling, from The Brancato Law Firm, P.A." class="wp-image-4855" style="width:600px" srcset="/static/2026/09/curtilage-fenced-yard-burglary-dwelling-florida-777x1024.jpg 777w, /static/2026/09/curtilage-fenced-yard-burglary-dwelling-florida-228x300.jpg 228w, /static/2026/09/curtilage-fenced-yard-burglary-dwelling-florida-768x1013.jpg 768w, /static/2026/09/curtilage-fenced-yard-burglary-dwelling-florida.jpg 1092w" sizes="auto, (max-width: 777px) 100vw, 777px" /></figure></div>

<p class="wp-block-paragraph">A porch is different, because the statute names it. In <a href="https://law.justia.com/cases/florida/fourth-district-court-of-appeal/2025/4d2024-1925.html">Sublett v. State, 403 So. 3d 239 (Fla. 4th DCA 2025)</a>, a homeowner entered the screened porch she rented month to month to a tenant, who had told her repeatedly to “stay out,” and took part of the tenant’s medical marijuana. The Fourth District held the porch was a dwelling and that the tenant’s occupancy was “possession which is rightful as against the burglar,” so owning the house did not authorize the entry. Our post on <a href="https://www.brancatolawfirm.com/blog/is-a-porch-a-dwelling-florida-court-clarifies-burglary-law/">whether a porch is a dwelling under Florida burglary law</a> covers the porch cases in more detail.</p>

<h2 class="wp-block-heading">What are the penalties for burglary in Florida?</h2>

<p class="wp-block-paragraph">The degree depends on what kind of place was entered, whether anyone was inside, and whether there was a weapon, an assault, or damage. The table reflects section 810.02 as it reads in 2026; the text has not changed since 2021.</p>

<table style="border-collapse:collapse;width:100%;margin:0 0 24px 0"><thead><tr><th style="border:1px solid #000;padding:8px;text-align:left;vertical-align:top;font-weight:bold">Circumstance</th><th style="border:1px solid #000;padding:8px;text-align:left;vertical-align:top;font-weight:bold">Degree</th><th style="border:1px solid #000;padding:8px;text-align:left;vertical-align:top;font-weight:bold">Maximum penalty</th></tr></thead><tbody><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Assault or battery on any person; being or becoming armed inside with explosives or a dangerous weapon; using a motor vehicle to damage the building; or causing more than $1,000 in damage</td><td style="border:1px solid #000;padding:8px;vertical-align:top">First-degree felony</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Up to life in prison</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Any dwelling, occupied or not; a structure or conveyance with a person inside; an authorized emergency vehicle; or a structure or conveyance entered to steal a controlled substance</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Second-degree felony</td><td style="border:1px solid #000;padding:8px;vertical-align:top">15 years in prison, $10,000 fine</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">An unoccupied structure or unoccupied conveyance</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Third-degree felony</td><td style="border:1px solid #000;padding:8px;vertical-align:top">5 years in prison, $5,000 fine</td></tr></tbody></table>

<div class="wp-block-image"><figure class="aligncenter size-large is-resized"><img loading="lazy" decoding="async" width="683" height="1024" src="/static/2026/09/burglary-degrees-penalties-florida-five-years-to-life-683x1024.jpg" alt="Infographic showing Florida burglary degrees: third degree up to five years, second degree up to fifteen years for a dwelling or occupied structure, first degree up to life, from The Brancato Law Firm, P.A." class="wp-image-4854" style="width:600px" srcset="/static/2026/09/burglary-degrees-penalties-florida-five-years-to-life-683x1024.jpg 683w, /static/2026/09/burglary-degrees-penalties-florida-five-years-to-life-200x300.jpg 200w, /static/2026/09/burglary-degrees-penalties-florida-five-years-to-life-768x1152.jpg 768w, /static/2026/09/burglary-degrees-penalties-florida-five-years-to-life.jpg 1024w" sizes="auto, (max-width: 683px) 100vw, 683px" /></figure></div>

<p class="wp-block-paragraph">Firearms add a mandatory minimum. Burglary is on the 10-20-Life list in <a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.087.html">section 775.087(2)(a), Florida Statutes</a>, so actual possession of a firearm during a burglary carries a 10-year minimum, except burglary of a conveyance, which carries 3 years. Our guide to <a href="https://www.brancatolawfirm.com/blog/floridas-10-20-life-law-explained/">Florida’s 10-20-Life law</a> explains the higher tiers. The Brancato Law Firm checks every fact the State uses to move a case up the table, because the difference between “occupied” and “unoccupied,” or a dwelling and a structure, can be 10 years of exposure.</p>

<h2 class="wp-block-heading">What happens if a burglary happens during a state of emergency?</h2>

<p class="wp-block-paragraph">The charge goes up one degree if the burglary was made easier by the emergency. Under the closing paragraphs of section 810.02(3) and (4), a burglary committed during a riot, or in a county under a state of emergency declared by the Governor, is raised one degree when “the perpetration of the burglary is facilitated by conditions arising from the emergency.” Those conditions are “civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel.” A second-degree burglary becomes a first-degree felony, and a third-degree burglary becomes a second-degree felony.</p>

<p class="wp-block-paragraph">The same paragraphs add a release rule: a person arrested for a burglary under these conditions “may not be released until the person appears before a committing magistrate at a first appearance hearing.” During a Governor-declared emergency, such as a hurricane, section 810.011 also treats the remnants of a damaged building in the covered area as a structure or dwelling “regardless of absence of a wall or roof.” Our attorneys at The Brancato Law Firm make the State prove the link between the emergency and the alleged burglary, which the statute requires and arrest reports often skip.</p>

<h2 class="wp-block-heading">How do you fight a burglary charge in Florida?</h2>

<p class="wp-block-paragraph">You fight a burglary charge by attacking the element the State proves least directly, which is usually intent. These are the defenses our attorneys raise most often:</p>

<ol class="wp-block-list"><li><strong>No intent at the time of entry.</strong> In <a href="https://law.justia.com/cases/florida/third-district-court-of-appeal/2025/3d24-1813.html">C.G. v. State, No. 3D24-1813 (Fla. 3d DCA Aug. 27, 2025)</a>, a juvenile case, the Third District held that “the State must establish the juvenile’s intent to commit an offense at the time he enters,” and reversed because “the State did not present evidence of intent to commit an offense therein when C.G. entered the yard.” The burglary was reduced to simple battery. A crime committed after an entry does not, by itself, prove the person entered intending it.</li><li><strong>The entry was not stealthy.</strong> The State often relies on the inference in <a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.07.html">section 810.07, Florida Statutes</a>: entry “stealthily and without consent of the owner or occupant thereof is prima facie evidence of entering with intent to commit an offense.” In <a href="https://www.courtlistener.com/opinion/2490400/lanzo-v-state/">Lanzo v. State, 73 So. 3d 817 (Fla. 5th DCA 2011)</a>, the defendant was seen “at the open garage door of a house on a residential street during daylight hours and in full view of any passerby,” then walked away and spoke with the homeowner and police. The Fifth District held that “stealthily” means “surreptitious, furtive, or sly,” that the jury should not have heard the instruction, and ordered a new trial. An entry through an open door in daylight may not be stealthy.</li><li><strong>The place was open, or you were invited.</strong> The statute excludes premises “open to the public” and entries where “the defendant is licensed or invited to enter.” The State must then prove one of the three remaining-in theories.</li><li><strong>The place does not qualify.</strong> An unenclosed yard is not curtilage under Hamilton. If the State cannot prove a roof, an enclosure, or that a vehicle was a conveyance, the burglary charge fails or drops a degree.</li><li><strong>The State has the wrong person.</strong> Video, <a href="https://www.brancatolawfirm.com/blog/fingerprint-evidence-not-reliable-how-to-challenge/">fingerprints</a>, and phone location records must connect the client to the entry itself, not just to the neighborhood or to property found later.</li></ol>

<p class="wp-block-paragraph">Companion counts need their own proof. In <a href="https://law.justia.com/cases/florida/second-district-court-of-appeal/2026/2d2024-1373.html">Russell v. State, No. 2D2024-1373 (Fla. 2d DCA Aug. 28, 2026)</a>, a Tampa case, a homeowner found two strange bicycles at his back gate, and Tampa police called out Russell and a codefendant carrying watches, cameras, and other items. The appellate court left the burglary conviction in place (it was not challenged) and reversed the grand theft count because there was no testimony about depreciation or fair market value, reducing it to second-degree petit theft. Our guide on <a href="https://www.brancatolawfirm.com/blog/what-is-theft-in-florida/">how to fight a theft charge in Florida</a> explains how value is proven.</p>

<h2 class="wp-block-heading">Is trespass a lesser charge than burglary?</h2>

<p class="wp-block-paragraph">Yes. Trespass is the most common lesser offense in a burglary case, and it is usually a misdemeanor. The difference is intent: trespass needs only an unauthorized entry or refusal to leave, while burglary requires intent to commit an offense inside.</p>

<table style="border-collapse:collapse;width:100%;margin:0 0 24px 0"><thead><tr><th style="border:1px solid #000;padding:8px;text-align:left;vertical-align:top;font-weight:bold">Charge</th><th style="border:1px solid #000;padding:8px;text-align:left;vertical-align:top;font-weight:bold">Statute</th><th style="border:1px solid #000;padding:8px;text-align:left;vertical-align:top;font-weight:bold">Usual degree</th></tr></thead><tbody><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Burglary of a dwelling, structure, or conveyance</td><td style="border:1px solid #000;padding:8px;vertical-align:top">§ 810.02</td><td style="border:1px solid #000;padding:8px;vertical-align:top">Third-degree felony to first-degree felony punishable by life</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Trespass in a structure or conveyance</td><td style="border:1px solid #000;padding:8px;vertical-align:top"><a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.08.html">§ 810.08</a></td><td style="border:1px solid #000;padding:8px;vertical-align:top">Second-degree misdemeanor; first-degree misdemeanor if a person is inside; third-degree felony if armed</td></tr><tr><td style="border:1px solid #000;padding:8px;vertical-align:top">Trespass on property, including the unenclosed curtilage of a home</td><td style="border:1px solid #000;padding:8px;vertical-align:top"><a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.09.html">§ 810.09</a></td><td style="border:1px solid #000;padding:8px;vertical-align:top">First-degree misdemeanor; third-degree felony if armed</td></tr></tbody></table>

<div class="wp-block-image"><figure class="aligncenter size-large is-resized"><img loading="lazy" decoding="async" width="777" height="1024" src="/static/2026/09/burglary-vs-trespass-florida-difference-777x1024.jpg" alt="Comparison of burglary, a Florida felony requiring intent to commit a crime inside, versus trespass, usually a misdemeanor requiring only entry without permission, by The Brancato Law Firm, P.A. in Tampa." class="wp-image-4856" style="width:600px" srcset="/static/2026/09/burglary-vs-trespass-florida-difference-777x1024.jpg 777w, /static/2026/09/burglary-vs-trespass-florida-difference-228x300.jpg 228w, /static/2026/09/burglary-vs-trespass-florida-difference-768x1013.jpg 768w, /static/2026/09/burglary-vs-trespass-florida-difference.jpg 1092w" sizes="auto, (max-width: 777px) 100vw, 777px" /></figure></div>

<p class="wp-block-paragraph">The unenclosed yard is trespass territory. Section 810.09 covers entering “the unenclosed curtilage of a dwelling” with intent to commit an offense there. Florida also added a new trespass felony in 2025: <a href="http://laws.flrules.org/2025/30">chapter 2025-30, Laws of Florida</a>, created section 810.09(2)(k), which makes it a third-degree felony to trespass on an area secured by law enforcement and posted as a designated restricted site. Our post on <a href="https://www.brancatolawfirm.com/blog/what-is-trespass-in-florida/">trespass in Florida</a> covers those charges, and The Brancato Law Firm often argues for trespass as the right outcome when intent cannot be proven.</p>

<h2 class="wp-block-heading">How common are burglary arrests in Hillsborough County?</h2>

<p class="wp-block-paragraph">Common, though less so than a decade ago. In 2025, Hillsborough County recorded 1,889 burglary arrests, according to FDLE arrest data published by <a href="https://www.flhealthcharts.gov/ChartsReports/rdPage.aspx?rdReport=NonVitalIndNoGrp.TenYrsRpt&cid=309">Florida Health CHARTS</a>, down from 2,531 in 2016, a 25.4% drop. Florida recorded 19,967 burglary arrests in 2025. Hillsborough’s 2025 arrest rate was 119.9 per 100,000 residents, compared with 85.4 per 100,000 for Florida as a whole. These figures count arrest events, not reported burglaries.</p>

<div class="wp-block-image"><figure class="aligncenter size-large is-resized"><img loading="lazy" decoding="async" width="819" height="1024" src="/static/2026/10/hillsborough-burglary-arrest-statistics-2025-819x1024.jpg" alt="Statistics infographic from The Brancato Law Firm for anyone who needs to fight a burglary charge in Florida: 1,889 burglary arrests in Hillsborough County in 2025 (FDLE, 2025); a 25.4% drop in Hillsborough burglary arrests from 2016 to 2025 (FDLE, 2025); 119.9 Hillsborough burglary arrests per 100,000 residents in 2025, compared with 85.4 for Florida (FDLE, 2025); 19,967 burglary arrests in Florida in 2025 (FDLE, 2025), per FDLE data published by Florida Health CHARTS." class="wp-image-5943" style="width:600px" srcset="/static/2026/10/hillsborough-burglary-arrest-statistics-2025-819x1024.jpg 819w, /static/2026/10/hillsborough-burglary-arrest-statistics-2025-240x300.jpg 240w, /static/2026/10/hillsborough-burglary-arrest-statistics-2025-768x960.jpg 768w, /static/2026/10/hillsborough-burglary-arrest-statistics-2025.jpg 1122w" sizes="auto, (max-width: 819px) 100vw, 819px" /></figure></div>

<p class="wp-block-paragraph">Many burglary accusations involve people who know each other. A Bureau of Justice Statistics report by Shannan Catalano, <a href="https://bjs.ojp.gov/press-release/victimization-during-household-burglary">Victimization During Household Burglary</a> (2010), found that about 7% of household burglaries from 2003 to 2007 involved violence, and in those violent burglaries the victim knew the offender 65% of the time. When the accused and the accuser have a history, consent, invitation, and withdrawn permission become the center of the case, and our attorneys at The Brancato Law Firm gather the texts and witnesses that show it.</p>

<h2 class="wp-block-heading">What happens after a burglary arrest in Hillsborough County?</h2>

<p class="wp-block-paragraph">A person arrested for burglary in Hillsborough County sees a judge at first appearance within 24 hours, usually at the Orient Road Jail. Burglary is on the list of charges that require a first appearance before release, and burglary of a dwelling is a “dangerous crime,” so the judge cannot grant nonmonetary release at that hearing. The State Attorney’s Office for the 13th Judicial Circuit then decides what to file in the charging information, and that decision is the first chance to move the case from burglary to trespass.</p>

<p class="wp-block-paragraph">Take four steps after a burglary arrest:</p>

<ol class="wp-block-list"><li><strong>Say nothing about why you were there.</strong> Intent is the State’s hardest element, and a casual explanation can supply it.</li><li><strong>Preserve your own evidence.</strong> Texts showing an invitation, a key, a lease, or a work order can defeat the case.</li><li><strong>Identify video now.</strong> Doorbell, neighborhood, and business cameras often overwrite in days.</li><li><strong>Get a lawyer involved before the filing decision.</strong> Our attorneys contact the prosecutor with the facts that support a lesser charge or no charge.</li></ol>

<h2 class="wp-block-heading">Frequently asked questions about burglary charges in Florida</h2>

<h3 class="wp-block-heading">Can burglary charges be dropped in Florida?</h3>

<p class="wp-block-paragraph">Yes. Burglary charges can be dropped or reduced to trespass when the State cannot prove intent at entry, when the place does not qualify, or when an invitation or consent defeats the entry element. The Brancato Law Firm presents those facts to the State Attorney’s Office before the filing decision whenever possible.</p>

<h3 class="wp-block-heading">Is entering a fenced backyard burglary in Florida?</h3>

<p class="wp-block-paragraph">It can be. An enclosed yard is curtilage, so entering it with intent to commit an offense can be charged as burglary of the dwelling, while an unenclosed yard is not curtilage under State v. Hamilton. Our attorneys at The Brancato Law Firm look at photos and surveys of the fence line, because a gap or missing enclosure can change the charge.</p>

<h3 class="wp-block-heading">Can you be charged with burglary of your own home in Florida?</h3>

<p class="wp-block-paragraph">Yes, if someone else has the right to occupy it. In Sublett, a homeowner was convicted of burglary for entering the porch she rented to a tenant, and The Brancato Law Firm reviews leases and landlord-entry rights in these cases, as our <a href="https://www.brancatolawfirm.com/blog/is-a-porch-a-dwelling-florida-court-clarifies-burglary-law/">porch burglary post</a> explains.</p>

<h3 class="wp-block-heading">Is breaking into a car a felony in Florida?</h3>

<p class="wp-block-paragraph">Yes. Burglary of an unoccupied conveyance is a third-degree felony, and burglary of a conveyance with a person inside is a second-degree felony. The Brancato Law Firm checks whether the State can prove entry and intent, keeping in mind that under section 810.011(3) “to enter a conveyance” includes taking apart any portion of it, as described on our <a href="https://www.brancatolawfirm.com/hillsborough-county-criminal-defense-attorney/">Hillsborough County criminal defense</a> page.</p>

<h3 class="wp-block-heading">What is the difference between burglary and trespass in Florida?</h3>

<p class="wp-block-paragraph">Burglary requires intent to commit an offense inside, and trespass does not. Our attorneys at The Brancato Law Firm often negotiate or try burglary cases toward trespass, which our <a href="https://www.brancatolawfirm.com/blog/what-is-trespass-in-florida/">trespass guide</a> covers in full.</p>

<h3 class="wp-block-heading">Should I talk to a detective who wants to ask about a burglary?</h3>

<p class="wp-block-paragraph">No, not without a lawyer, because intent is usually proven from the accused person’s own words and an interview can create the evidence the State lacks. The Brancato Law Firm provides <a href="https://www.brancatolawfirm.com/tampa-attorney-before-charges-are-filed/">pre-file advocacy</a> and can speak with the detective on your behalf.</p>


<p class="wp-block-paragraph">For how The Brancato Law Firm, P.A. defends these cases, see our <a href="https://www.brancatolawfirm.com/tampa-violent-crime-lawyer/">Tampa violent crimes defense practice</a>.</p>


<h2 class="wp-block-heading">Talk to our Tampa burglary defense attorneys</h2>

<p class="wp-block-paragraph">Doorbell and neighborhood camera video often disappears within days, and the filing decision can come soon after. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will identify the video, gather the texts and documents that show permission, and press the State on intent before it files. Call (813) 727-7159 for a free, confidential consultation, and call us at any hour. Our firm has Spanish-speaking staff, and attorney <a href="https://www.brancatolawfirm.com/lawyers/jean-luc-adrien/">Jean-Luc Adrien</a> speaks Spanish, Haitian Creole, and French. Read about our <a href="https://www.brancatolawfirm.com/blog/haitian-creole-spanish-criminal-defense-attorney-tampa/">Spanish and Haitian Creole criminal defense services</a>.</p>

<p class="wp-block-paragraph">For more about our defense strategies, visit our <a href="https://www.brancatolawfirm.com/hillsborough-county-criminal-defense-attorney/">Hillsborough County Criminal Defense</a> page.</p>

<p class="wp-block-paragraph"><strong>The Brancato Law Firm, P.A.</strong></p>

<p class="wp-block-paragraph">620 E. Twiggs Street, Suite 205, Tampa, FL 33602</p>

<p class="wp-block-paragraph">(813) 727-7159</p>

<p class="wp-block-paragraph">Serving Hillsborough, Pinellas, and Pasco Counties</p>

<p class="wp-block-paragraph">The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.</p>]]></content:encoded>
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