Robbery and Burglary: What’s the Difference?

Robbery and burglary — they sound pretty similar, right? But even though these two crimes have some things in common, there are important differences between robbery vs. burglary that you need to understand. Keep reading to get the lowdown on how these criminal offenses are defined, the penalties you could face, and more.

Defining Robbery vs. Burglary

Let’s start with the basics: how are robbery and burglary defined legally?

Robbery

Robbery is when someone takes property from another person by using force or threatening to use force. The key thing is that the victim is present when the property is taken. Robbery is sometimes called “armed robbery” if the robber uses a weapon like a gun or knife.

Some examples of robbery:

• A mugger threatens you with a knife and takes your wallet
• A bank robber points a gun at the teller and takes cash from the drawer
• A purse-snatcher knocks you down and grabs your purse, then runs away

Burglary

Burglary is illegally entering a building or other structure to commit a crime, usually theft. For burglary, the victim does NOT need to be present. The burglar just has to sneak in and take stuff without permission.

Some examples of burglary:

• Breaking into someone’s home when they aren’t there and stealing jewelry, electronics, etc.
• Smashing a store window overnight and taking merchandise
• Picking the lock on a warehouse door and taking boxes of goods

So in summary:

• Robbery involves taking property directly from a victim by force/threat
• Burglary is illegally entering a building to steal stuff when no one’s there

See the difference? Robbery is theft by force, while burglary is like breaking-and-entering plus theft.

Penalties for Robbery vs. Burglary

Now, let’s look at what kind of penalties you could face for robbery vs. burglary convictions.

Robbery often brings harsher punishments because it involves violence/threats against a victim. Specific penalties vary by state, but robbery is usually a felony with:

• Years in prison
• Major fines
• Probation

Meanwhile, burglary is also a felony but penalties are typically a bit less severe than for robbery. Burglary sentences often include:

• Months or years in jail/prison
• Fines in the thousands of dollars
• Probation

However, there are a lot of factors that affect the specific penalties in each case, including:

• Criminal history
• Whether a weapon was used
• Value of property stolen
• Injuries to victim
• State laws

So the punishment can still be significant for burglary, but robbery often brings longer prison terms since it involves violence/intimidation.

Defenses: Fighting Robbery vs. Burglary Charges

Let’s say you’ve been accused of robbery or burglary. What defenses could potentially beat the charges?

For robbery charges, common defenses include:

• Misidentification – You argue the victim fingered the wrong person and you weren’t the robber. Eyewitness testimony can be unreliable.
• Alibi – You have evidence proving you were somewhere else at the time of the crime.
• False accusations – You claim the alleged victim is lying about the whole thing.
• Duress – You admit taking the property, but argue you were forced to do it through threats/violence.

For burglary charges, some possible defenses are:

• No intent to steal – You admit entering the building, but can prove you never planned to commit theft once inside. Without intent, it’s not burglary.
• Mistake of fact – You thought you had permission or the right to enter the property, but were honestly mistaken.
• Intoxication – You were so impaired by drugs/alcohol that you lacked the intent required for burglary.

An experienced criminal defense lawyer can evaluate the evidence in your specific case and decide the best defense strategy to beat a robbery or burglary charge. Don’t go it alone!

Takeaways on Robbery vs. Burglary

Let’s recap the key differences between these two theft crimes:

• Robbery requires taking property directly from a victim using force/threats. Burglary is breaking into a building to steal stuff when no one’s present.
• Robbery brings harsher punishments like longer prison terms because it involves violence/intimidation against a victim.
• Possible defenses against robbery charges include misidentification, alibi, false accusations, and duress. For burglary, defendants can argue no intent, mistake of fact, or intoxication.

The penalties for both robbery and burglary are severe. So if you’re facing charges, be sure to hire an experienced criminal defense attorney to protect your rights. An attorney can carefully examine the evidence, identify any police mistakes or weaknesses in the prosecutor’s case, and build the strongest defense to achieve the best possible outcome. Don’t leave your future to chance – get legal help fighting back against robbery or burglary accusations today!