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.