Burglary is generally the unlawful entry of a building or structure to commit a felony criminal offense (crime), theft, or assault. The definition of burglary varies from state to state (and in the federal system), and some states have different degrees of severity of the burglary offense, depending on the nature of the unlawful entry (type of building or structure), the intended purpose, and the illegal action taken by the defendant once inside the building or structure. In some states, breaking into an automobile, a coin-operated machine, or an ATM (automated teller machine) with the intent to commit a theft may also constitute the crime of burglary.

A defendant generally commits the offense of burglary of a building or habitation (1) by entering a private habitation or any part of a building that was not open to the public, (2) without the consent of the owner, and (3) with the intent to commit a felony, theft, or assault.

A defendant may also commit the offense of burglary of a building or habitation by entering with consent, but remaining hidden with the intent to commit a felony, theft, or assault—or entering with consent and attempting to commit a felony, theft, or assault, or actually committing a felony, theft, or assault.

Some states make a distinction between burglary of a habitation (a place used for overnight accommodations) and burglary of a building that is not a habitation (home). Burglary of a habitation is usually treated as a more serious offense with greater penalties.

In Florida, burglary is defined under Florida Statute 810.02 as entering or remaining in 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. The statute distinguishes between burglary of a dwelling, structure, or conveyance, with burglary of a dwelling being treated as a more serious offense. The severity of the burglary charge in Florida can range from a third-degree felony to a first-degree felony, depending on factors such as whether the offender was armed, the presence of people in the building at the time of the offense, and whether the offender made an assault or battery upon any person. The intent to commit a theft or any felony is key to the burglary offense. Additionally, Florida law does not require a 'breaking' to occur; simply entering with the requisite intent can constitute burglary. The penalties for burglary can be severe, including significant prison time, especially if the burglary is committed in a dwelling or if aggravating factors are present.