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.

In Florida, burglary is defined under Florida Statute 810.02 as entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter. The severity of the burglary offense in Florida can vary based on several factors, including whether the offender was armed, the type of building entered, and whether the building was occupied at the time of the offense. Florida law recognizes different degrees of burglary, with first-degree burglary being the most serious, often involving assault or battery, use of a motor vehicle as an instrument to commit the offense, or causing damage to the dwelling or structure. Second-degree burglary typically involves an unoccupied dwelling, and third-degree burglary involves entering or remaining in a structure or conveyance with intent to commit a crime therein. Burglary of a conveyance can include breaking into an automobile with the intent to commit a theft. Penalties for burglary in Florida can be severe, including significant prison time, especially for armed burglary or burglary that results in assault or battery.