Robbery and burglary are often confused with each other by those who have
little familiarity with criminal law. From a legal viewpoint, there is
a significant difference between the two terms. While both are considered
property crimes involving the taking or attempted taking of personal property
without the owner’s consent, they are differentiated by the circumstances
that surround each.
A robbery is taking something from someone and using force, or the threat
of force to do it. The property must be taken from someone, or from someone’s
control. Robbery is a violent crime, but this doesn’t mean that
the robber has to inflict injury upon the victim. Using any type of force,
or threat of force, to take property from someone, is considered robbery.
Burglary is defined as the unlawful entry to a structure to commit theft
or a felony. In order for burglary to take place, a victim does not have
to be present. When a burglary takes place, the structure being unlawfully
entered can be any number of building types including personal homes or
business offices. The entry must be without the consent of the owner.
The burglary statute in Florida, for punishment purposes, makes a distinction
between an occupied dwelling and an unoccupied building. In Florida sentencing
is enhanced if the burglary is committed in an occupied dwelling, it is
further enhanced if the dwelling is occupied at night.
If you, or someone you care about, is arrested for a property crime such
as robbery or burglary, your rights, freedom, and property are in jeopardy.
The attorneys at Bauer, Crider, Kenny and Parry, are here to defend your
fundamental interests, and will aggressively and effectively handle every
aspect of your criminal defense. Bauer, Crider, Kenny and Parry, have
provided Floridians with over 30 years of strong criminal defense, stronger
results, and over 130 combined years of legal experience.