Burglary and Robbery are terms that are often confused by those who don’t come across the legal definitions on a regular basis. When people think of a burglary or a robbery, they think of someone taking something that doesn’t belong to them (Theft) by breaking into their home or business. While this can be one possible scenario for a Burglary charge, it’s not what Colorado considers a Robbery. Let’s look at these two criminal charges and the top 3 main differences between the two.
Larimer County Burglary Attorney: Definition of Burglary and Robbery in Colorado
In order to compare these two crimes, first we need to learn the legal definition. The Larimer County, Colorado law definition of Second Degree Burglary (the most common type of Burglary charged) – C.R.S. 18-4-203 – is:
Robbery – C.R.S. 18-4-301 – is defined as:
Okay, now that we have that out of the way, let’s examine those differences.
Top 3 Differences Between Robbery and Burglary
#1 In Fort Collins, Colorado Burglary Requires Trespassing; Robbery Does Not
The main aspect of any Burglary is unlawfully entering somewhere or into something. Whether it be a home, business, building, even just onto someone’s property, the Trespassing aspect must be present in order to even consider charging this crime. Robbery doesn’t have anything to do with Trespassing. The location where a Robbery occurs does not play any part in the charge, whereas it is a vital aspect of a Burglary case.
#2 Robbery Requires the ‘Victim’ to be Present in Larimer County; Burglary Does Not
The presence of another person is an important element to a Robbery. Taking a purse directly out of someone’s hands or just walking by and taking the purse as it sits next to the owner, the fact that the owner is present when the purse is taken is what makes it Robbery. While another person may be present during a Burglary, no one has to be there in order to be charged with Burglary.
#3 Robbery Requires Taking Something of Value; Burglary Does Not
We usually think Burglary means breaking into someone’s house to steal something. While this absolutely would be considered Burglary, taking something of value is NOT required. With Burglary, all that is required is the intent to commit ANY other crime. So, it could definitely be Theft, but it could also be Harassment, Assault, Criminal Mischief, etc. For a Robbery charge, something of value must be taken.
If you or someone you love has been charged with Robbery or Burglary, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule your free initial consultation. Together, we can protect your future.
Photo by Anna Shvets from Pexels