Let’s start with the basic definitions of both Robbery and Burglary in Florida, which are distinct types of criminal acts:
When someone commits the crime of Robbery, they take another person’s property by force with the intention of not returning it back to them. Armed robbery is a particularly dangerous form of robbery that involves the use of a weapon, such as a firearm or a knife. First degree robbery occurs when a robbery involves specific circumstances such as the use of a weapon, a certain amount of force, or the value of the stolen property.
According to Florida Statute 812.13, the crime of Robbery is committed when a person intentionally and unlawfully takes money or property from another person through the use of inducing fear, violence, assault, or force.
A burglary happens in Florida when someone enters a place without permission, constituting an unlawful entry, with the intent to commit a crime. To commit burglary, the individual must have the intention to commit a felony or theft upon unlawful entry into a dwelling or business.
Generally speaking, burglary is defined as entering a dwelling, a structure, or conveyance without permission and with the intent to commit an offense; according to FLA. STAT. § 810.02 (2019). Burglary offenses can range from misdemeanors to felonies, depending on the severity and circumstances of the crime.
Although the crimes are similar, there is one big defining difference.
Burglary is considered a property crime as it involves entering a place without permission with the intent to commit a crime. Robbery, on the other hand, is considered a violent crime because it involves taking property from someone against their will through the use of force or threats. Burglary itself doesn’t necessarily involve theft, and in its basic form it also does not involve harm to other people.
Burglary itself doesn’t necessarily involve taking property or money from other people, and in its basic form, does not involve the use of force, hurting someone else or assault or inducing fear. Robbery, on the other hand, is different from burglary because it involves taking someone else’s property through inducing fear, violence, assault, or some other type of force.
Another difference between burglary and robbery crimes in Florida is the PLACE where the crimes take place.
Notice that Burglary involves someone actually ‘entering a dwelling, a structure, or conveyance without permission and with the intent to commit an offense.’ Burglary can also involve forcible entry, where the individual uses force to gain access to the dwelling, structure, or conveyance. So, there can be a Burglary of a Dwelling (essentially any place people do or may live); Burglary of a Conveyance (like a car, ship, trailer, etc); or Burglary of a Structure (basically any type of building). Second degree burglary typically involves entering a business outside of regular operating hours with the intent to commit a felony or petty theft.
The charge of robbery in Florida does NOT involve entering a space at all. Robbery is defined by what is taken, and the means by which property or money is taken, and not the place of a crime.
Robbery involves someone unlawfully taking property or money from someone else through fear, violence, assault or force. Different types of robbery include Robbery by sudden snatching, Robbery with a deadly weapon, Robbery with a firearm, Home Invasion Robbery, and Grand Theft Auto / Car Jacking.
If a theft crime is committed outside in a public park for example, the crime won’t be a burglary – it will either be a robbery crime or some type of theft crime depending on the details.
Crimes of Robbery are more severely punished than Crimes of Burglary.
For example, if a burglary was committed in a location not occupied at the time of the crime, it is a third-degree felony.
A ‘basic’ robbery crime in Florida is a second-degree felony, making it a more serious crime with more serious consequences than burglary in Florida.
A burglary can also be a second- or first-degree felony, especially if the intent was to commit a felony or petty theft. If the place of the burglary crime was occupied, it is a second-degree felony. If the offender is armed, or commits an assault or battery in the course of the burglary it becomes a first-degree felony – with consequences ranging up to life in prison. First-degree burglary involves unlawfully entering a dwelling with the intention of committing a felony or petty theft, directly affecting individuals’ safety and security in their homes.
Robbery can also be a first-degree felony—for example, if a person commits a robbery crime while in possession of or while using a weapon or firearm, the crime is a first-degree felony and carries consequences of up to 30 years in prison. Theft occurs when someone takes another person’s property without direct contact or using force, whereas robbery involves taking property through force or fear.
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