I recently read a story in USA today about an alleged burglar in Florida who was caught napping in the house he broke into, with a bag of jewelry by his side. It made me question a few things. First, does this man have narcolepsy? I mean, what would make him think that taking a nap in the house he was not supposed to be in while stealing things that were not his was a good idea? On the law side, it made me think about the crime of Burglary, specifically the difference between Burglary and Robbery. It seems that outside of the legal world, these terms are interchangeable. People use them, not really understanding the difference. Let’s look at the statutes for these two charges and figure out the differences between them.
Burglary in Fort Collins, Colorado
Burglary is charged when a person unlawfully enters or stays in a building or home with the intention of committing a crime. It can be charged in the first, second or third degree. The way District Attorneys in Larimer, Boulder or Grand County decide what degree to charge someone with is based on:
- what the motivating crime was for entering or staying in the structure (theft, assault, vandalism, violent acts, etc)
- what type of building was broken into (house, business, warehouse, etc)
- whether a weapon or explosive was involved
Robbery Charges in Loveland, Colorado
In Colorado, Robbery is defined as:
Basically, Robbery involves the taking of money or property through a threat or use of violence against a person. There is always a victim in Robbery cases. The alleged robber can take something of value directly from the victim (like a purse or wallet) or can take an item from the store the victim was working at (like money from the cash register) and as long as the element of threat, force, or intimidation was involved, it is considered Robbery. This charge can be aggravated if the “robber” has a deadly weapon, makes the victim believe there is a deadly weapon, or injures the victim.
Burglary Versus Robbery: Let’s Compare!
Usually, the purpose of a Robbery or a Burglary is the same: theft. A person decides he wants something that is not his to have, and makes the choice to take it. The location, method, and intent determine whether the act is a Burglary or Robbery.
| Location | Method | Intent | |
| Burglary | there is an element of breaking and entering or trespass | there are no method requirements involved | there is the intent of committing any other crime (usually theft, but could be something like assault, kidnapping, or murder) |
| Robbery | there are no location requirements involved | there is an intended victim, and the use of threat, force or intimidation and may include the use of weapons | there is the intent of theft- taking money or property from someone else |
So How Does This Apply?
The Florida man was charged with Burglary because he was unlawfully in someone else’s house and he had the intent to take jewelry from the residence. Now, it didn’t really work out for him (he should have taken a nap before going out to steal), seeing as he got caught before even leaving the premises, but at least we now know why he was charged with Burglary and not Robbery.
Charged with Burglary or Robbery? Why You Need a Lawyer
Both Burglary and Robbery are felonies in the state of Colorado and a felony can carry a heavy penalty with prison. You need an experienced and knowledgeable attorney to help with your case. Our lawyers have over 20 years of experience defending clients charged with Burglary and Robbery and will work tirelessly to get you the best outcome.