What Is the Difference Between Theft, Burglary, and Robbery?
Many people use the terms theft, burglary, and robbery interchangeably. Although these crimes all involve property in some way, they are very different offenses under Florida law.
Understanding the differences can help you better understand the charges you may be facing and why some offenses carry much more serious penalties than others.
What Is Theft?
Theft generally involves knowingly obtaining or using another person’s property with the intent to temporarily or permanently deprive the owner of that property or its benefit.
The severity of a theft charge often depends on the value of the property involved and the circumstances surrounding the alleged offense.
Florida’s theft law is found in Section 812.014, Florida Statutes.
Florida Statute:
https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/Sections/0812.014.html
What Is Burglary?
Burglary is different from theft.
A person may be charged with burglary if they unlawfully enter or remain inside a dwelling, structure, or conveyance with the intent to commit a crime inside. Contrary to popular belief, burglary does not always require that property actually be stolen.
The crime is based on the unlawful entry combined with the intent to commit an offense.
Florida’s burglary law is found in Section 810.02, Florida Statutes.
Florida Statute:
https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.02.html
What Is Robbery?
Robbery is generally considered a more serious offense because it involves taking property directly from another person through the use of force, violence, assault, or threats.
Unlike theft, robbery involves a victim who is present during the commission of the offense.
Florida’s robbery law is found in Section 812.13, Florida Statutes.
Florida Statute:
https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/Sections/0812.13.html
Why the Differences Matter
Although these offenses are often confused, the penalties and legal consequences can vary significantly.
Factors that may affect a criminal case include:
- The value of the property
- Whether force or violence was alleged
- Whether a weapon was involved
- The location of the alleged offense
- Whether anyone was injured
- The defendant’s prior criminal history
Every case should be evaluated based on its own facts and circumstances.
Every Case Depends on the Evidence
Regardless of the charge, prosecutors must prove every element of the offense beyond a reasonable doubt.
Evidence may include surveillance video, eyewitness testimony, forensic evidence, electronic communications, financial records, and statements made during the investigation.
A careful review of the facts and evidence is an important part of preparing a criminal defense.
Contact a Broward County Theft Crimes Attorney
If you have been charged with theft, burglary, robbery, or another theft-related offense in Broward County, it is important to understand your legal rights and options.
Attorney Ron Baum has represented individuals facing theft-related criminal charges for more than 28 years and offers free consultations to discuss your case.
FREE CONSULTATION
Being arrested or charged with a crime can be overwhelming. Understanding your options early can make a significant difference in the outcome of your case.