Burglary is the unlawful entry of a building to commit a burglary. Robbery is the unlawful taking of money or property from the possession of an occupant of a dwelling unit or business premises. In other words, Burglary and robbery are both criminal acts that fall under the umbrella term “burglary.” However, there are subtle differences between these terms that you should be aware of if you’re ever confronted with a disagreement over what crime you committed. Burglary often is charged as a felony, while robbery is commonly treated as a less serious offense in court. The following sections provide some key points regarding Burglary and robbery so that you know exactly what to expect when you encounter these charges.
What is the Difference Between Burglary and Robbery?
Burglary and robbery are both crimes that involve breaking and entering into a structure to steal something of value such as money, jewels, personal items, or other valuables. However, there are subtle differences between these terms that you should be aware of if you’re ever confronted with a disagreement over what crime you committed. Robbery, like Burglary, is a felony, which means that it is usually treated as a less serious offense in court. Burglary, on the other hand, is a misdemeanor and is usually charged as a Class A or B crime. Many states also offer an enhanced version of this crime known as aggravated Burglary. Strictly speaking, there are only two types of Burglary. The first is the simple Burglary, which is when someone breaks and enters a structure to steal something of value. The other is the aggravated Burglary, which is when someone breaks into a structure and flees with or is in the process of taking something from the dwelling or business. While aggravated Burglary is a separate charge from Burglary, in many states, it is included as part of the same crime.
Different Stages of Burglary and Robbery Charges
In general, the charges for Burglary and robbery are the same. However, there are different stages of these charges that may apply to you based on the type of property you burgled or the amount of money you were trying to steal. Depending on where you live, you may be able to choose to charge as a misdemeanor or a felony. Some states only offer a misdemeanor alternative to aggravated Burglary and refer to this as simple Burglary. Some states only offer a misdemeanor alternative to aggravated Burglary, in which case you may be charged with simple burglary. This is the most common situation and is referred to as a “misdemeanor charging document.”
Defenses to Burglary and Robbery Charges
Depending on your specific circumstances, you may be able to raise one or more of the following defenses when you are charged with Burglary or robbery. You were in a state of legitimate fear for your safety or the safety of others. This fear may be reasonable given the crime committed and the circumstances surrounding it. There was sufficient evidence to charge you with Burglary or robbery. In most cases, this means that the state had to successfully create a reasonable suspicion that you committed the crime. The crime was committed in self-defense. This means that you used reasonable and justified force against another person and that person was committing or actually facilitating a burglary or robbery. The state failed to produce the defendant. In some cases, the state failed to properly identify key witnesses or other evidence that would have helped the defendant.
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