Theft, Robbery, and Burglary; What is the Difference?
Written by Moses & Rooth on February 10, 2015
Charges for theft, robbery, and burglary all involve the taking of another’s property, though the charges vary by how and where the activity took place. Being convicted of any of the above can bring serious penalties and long-term consequences, such as the possibility of future employment. If you have been charged with theft, robbery, or burglary, the experienced criminal defense attorneys of Moses and Rooth can provide a defense and help you put this behind you.
According to the Florida Department of Law Enforcement (FDLE), a theft is committed every minute in Florida. Theft is the unauthorized taking or use of another’s property, including larceny, stealing, misappropriation, conversion, and other offenses. The value of the property determines if the theft is a petit theft or grand theft. Most cases of shoplifting are considered petit theft. Under Florida Statute 812.014, the theft will generally be a petit theft if the property taken was valued between $100 and $300 and not taken from a dwelling. Petit theft is a misdemeanor. For property taken valuing over $300 the theft will generally be a grand theft and a felony either in the first, second, or third degree, depending on the value of the property, whether a vehicle was used during the commission of the theft, or if any property damage occurred because of the theft.
According to the FDLE, a robbery happens every 22 minutes. A robbery is when a person takes money or property from another person with intent to permanently or temporarily deprive that person of the money or property by force, violence, assault, or fear.
According to the FDLE, a burglary occurs every three minutes in Florida. A person can be charged with burglary if the person enters or remains in a building with the intent to commit a crime. Burglary is a felony of the first, second, or third degree depending on the circumstances. Under Florida Statute 810.02, burglary is a felony of the third degree if the offender does not commit an assault, battery, carry a weapon, or explosive, and there is not another person within the structure or conveyance burglarized. Burglary is a felony of the second degree if the offender does not commit an assault, battery, carry a weapon, or explosive, but there is another person in the dwelling entered or remained in, remains in a dwelling where there is not another person, or there is another person in a structure or conveyance burglarized. Burglary is a felony of the first degree if the offender commits an assault or battery, becomes armed within the dwelling, structure, or conveyance with a weapon or explosive, uses a motor vehicle other than for a getaway vehicle, or causes over $1,000 worth of property damage to the dwelling, structure, or conveyance. Defenses to burglary include arguing that the building was open to the public or you had an invitation or license to be there.
Whether you are charged with theft, robbery, or burglary all can carry serious repercussions and long-term consequences. If you have been charged with a theft, robbery, or burglary, contact the experienced criminal defense attorneys at Moses and Rooth in Florida for the best possible defense and for a chance to move past this difficult point in your life.