Theft, Fraud & Property Crimes

Does burglary require breaking in?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
No. Florida's burglary statute requires entry with unlawful intent, not forced entry.

No. The common-law "breaking" element isn't part of Florida's offense.

Entry through an unlocked door, an open window, an unsecured garage, or a gate all qualify. So does entering somewhere you were previously welcome, if permission had been withdrawn.

What the State must prove instead is intent at the time of entry — that you entered intending to commit an offense inside. That's the element that carries these cases, and it's rarely proven directly.

It's typically inferred from circumstances: time of day, whether the entry was concealed, what was said or done afterward, whether anything was taken, what the person was carrying, and how they responded when discovered.

Every one of those inferences has an alternative reading, and developing the alternative is the defense. A person who entered a structure for shelter, or who entered a vehicle believing it was theirs, or who entered on a genuine misunderstanding about permission, lacks the required intent.

No forced entry needed — which means intent is the whole fight. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.