Despite both arguably falling under the category of theft crimes, burglary and robbery are two very different crimes. If you need help distinguishing between the two, please read on, then contact an experienced Pensacola theft crime lawyer to learn what the differences are between burglary and robbery in Florida.
How is burglary different from robbery in Florida?
The most important thing to remember is that burglary involves entering a home or another building illegally whether or not the criminal steals something. A robbery involves taking property from a person through threats or fear of harm.
How are the penalties different between burglary and robbery in Florida?
The state of Florida grades the crime of Burglary of a Dwelling as a second-degree felony. Its penalties are as follows:
- Prison sentence of up to 15 years in prison
- A probationary period of up to 15 years
- A fine of up to $10,000
If the alleged offense involved assault or battery on any person, or the defendant was armed with dangerous weapons or explosives within the dwelling, structure or conveyance, that constitutes a first-degree burglary charge. The penalties are as follows:
- A possible life sentence in prison
- A fine of up to $10,000
Likewise, robbery charges come in various gradations. For simple robbery, i.e. the defendant did not possess or use a weapon, that constitutes a second-degree felony and comes with the following penalties:
- A “strike” on one’s criminal record
- Prison sentence of up to 15 years in prison
- A probationary period of up to 15 years
- A fine of up to $10,000
If the defendant allegedly carried a dangerous weapon, caused or threatened bodily harm to the victim, has a prior conviction or exhibited extreme violence, he or she will face first-degree robbery charges. As such, he or she will face the following penalties:
- A possible life sentence in prison
- Up to life on probation
- Up to $15,000 in fines.
Why do you need an Escambia County criminal defense lawyer?
A person charged with burglary should reach out to a skilled Escambia County criminal defense lawyer to see if he or she qualifies for a diversionary program. These programs, such as Pre-Trial Intervention, can help a person avoid both a conviction for the crime and jail time. On the other hand, a robbery charge requires a strong defense, as a conviction can have a significant impact on every aspect of your life. In either case, the prosecutor must prove beyond a reasonable doubt that the defendant committed or attempted to commit theft and/or used or threatened to use force in carrying out the theft. A seasoned legal professional can make that a tall order. Do not go it alone. Give us a call today.
CONTACT OUR EXPERIENCED PENSACOLA FIRM
For decades, the Law Office of James M. Burns has helped countless people through a wide array of legal issues, including those involving criminal law, family law, personal injury law, and will & probate law. If require the assistance of a competent legal team that can effectively guide you through each phase of your legal matter, you’ve come to the right place. Contact the Law Office of James M. Burns today to schedule your initial consultation.
