Robbery and burglary are two different crimes in Florida. Robbery, under Florida Statute 812.13, is taking property from a person by force, violence, assault or putting them in fear. Burglary, under Florida Statute 810.02, is entering or remaining in a dwelling, structure or conveyance with the intent to commit an offense inside, and it does not require a victim to be present or anything to be taken. Both are felonies, and the two words are not interchangeable.
If you are facing charges for either criminal offense, seek a legal consultation immediately. Both robbery and burglary convictions carry steep consequences that can have a heavy impact on your life. Contact lawyer Matt Shafran at Weinstein Legal Team today if you require a burglary lawyer in Florida. You can receive a FREE case evaluation and Mr. Shafran will begin working to build a case in your defense right away.
The Criminal Act of Robbery
Robbery is generally considered a more severe crime than burglary, as it involves stealing or taking something from another person or property by force. It involves an element of physical harm, threat, or fear. Robbery may be accompanied by assault charges, weapons charges, and more. Because it is generally a violent crime the courts take robbery charges particularly seriously.
In Florida every robbery is a felony, and the grade turns on what the offender carried. Under Florida Statute 812.13(2)(c), a robbery committed with no firearm, deadly weapon or other weapon is a second-degree felony, punishable by up to 15 years in prison. Under Florida Statute 812.13(2)(b), a robbery committed with a weapon is a first-degree felony, punishable by up to 30 years. Under Florida Statute 812.13(2)(a), a robbery committed with a firearm or other deadly weapon is a first-degree felony punishable by up to life in prison. Armed robbery is sometimes called aggravated robbery.
Many individuals are surprised to learn that you do not need to use or discharge a weapon during a robbery to receive the charge of armed or aggravated robbery. If you have a weapon with you during the crime it is enough to sustain the charge.
Another form of robbery is what is known as "robbery by sudden snatching." The charge is what it sounds like. A common example is running past someone and pulling a purse out of their arms. Under Florida Statute 812.131 the state does not have to show any force beyond the effort it took to get the property, or any resistance or injury to the victim. Robbery by sudden snatching is a third-degree felony, or a second-degree felony if the offender carried a firearm or other deadly weapon.
Another form of robbery in the state of Florida is home invasion robbery. Under Florida Statute 812.135, home-invasion robbery is entering a dwelling with the intent to commit a robbery and then robbing the occupants. Every grade of it is a first-degree felony, and it is punishable by up to life in prison if the offender carried a firearm or other deadly weapon.
The Criminal Act of Burglary
Burglary has a much broader definition than robbery. While robbery relates to stealing or having the intent to steal, burglary does not have to involve theft at all.
Burglary encompasses entering any building, whether it be a home, business, outside dwelling, and more, for the purpose of committing any crime. You do not have to commit another crime while in the dwelling, but if you have intent to do so you may receive burglary charges.
You do not even have to force entry into the building to receive charges. If you walk inside through an unlocked door without permission with the intent to commit a crime, law enforcement may still charge you. Additionally, when looking at the differences between burglary vs. robbery, no other individual has to be present at the time of the crime. With robbery, there must be a victim.
The Penalties for Robbery
The penalties for a robbery conviction are quite steep. As a felony charge, you can face thousands of dollars in fines and anywhere from several years to life in prison. The more severe your crime the more harsh your penalties will be. For example, robbery that involves a firearm will carry steeper consequences than simple robbery.
However, no matter which form of robbery you receive charges for it is imperative that you hire aggressive legal representation to defend you in a court of law. All robbery charges are felonies, which come with life-long ramifications. A felony conviction suspends your right to vote until you complete every term of your sentence, including any prison term, probation, and all restitution, fines and fees ordered in the sentencing document, under Florida Statute 98.0751. It also makes it unlawful for you to own or possess a firearm under Florida Statute 790.23 unless your civil rights and firearm authority are restored, and it makes employment and housing harder to find.
The Penalties for Burglary in the State of Florida
One similarity in regard to burglary vs. robbery is that in the state of Florida, all burglary charges are also felonies. This means that the charges carry the same possibility of serious consequences if a judge or jury convicts you.
Under Florida Statute 810.02(2), burglary is a first-degree felony punishable by up to life in prison if the offender assaults or batters anyone, is or becomes armed with explosives or a dangerous weapon, or causes more than $1,000 in damage to the dwelling or structure. With no assault, battery or weapon, Florida Statute 810.02(3) makes burglary of a dwelling a second-degree felony carrying up to 15 years, whether or not anyone was home, and Florida Statute 810.02(4) makes burglary of an unoccupied structure or conveyance a third-degree felony carrying up to 5 years. Fines and court costs run into the thousands, as they do with robbery.
With the proper legal representation and a strong criminal defense, you may be able to plead guilty to a lesser charge and avoid such serious penalties. Or, you may be able to avoid prison and receive probation. It is important that you have a dedicated attorney fighting on your behalf to ensure you get the best deal possible.
Hiring a Defense Attorney for Burglary or Robbery Charges
While there are several differences in regard to burglary vs. robbery in the state of Florida, one thing is certain. If you are facing charges in Florida for either crime you must contact an experienced criminal defense attorney as soon as possible. Since both charges are felony crimes, the courts take them extremely seriously. The consequences of a conviction can affect you for the rest of your life.
From the moment law enforcement arrests you the prosecutor's office begins developing a case against you. Each day that passes they are collecting more evidence and working to prove your guilt. You deserve to have a legal team working just as hard to prove your innocence.
Criminal defense attorney in Florida Matt Shafran, at Weinstein Legal Team, is ready to fight for you. Mr. Shafran will prepare your case, go through the state's evidence with you and explain the options you actually have, whether that is a negotiated plea, a motion to suppress or a trial. When you contact Weinstein Legal Team you will receive an entirely FREE case evaluation to go over the facts, with no obligation.
When Mr. Shafran is working on your case you will have access to your attorney around-the-clock. Our phones are open 24-hours a day, 365-days a year. There is never a time when your call will go unanswered. Our entire legal team is standing by, ready to provide you with legal advice.
If you require a burglary defense lawyer in South or Central Florida, don't wait. Contact Weinstein Legal Team today.
Call 954-845-0505 and ask for criminal defense attorney Matt Shafran.
