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Last Modified on Jun 09, 2026
If you have been charged with robbery in West Palm Beach or burglary in Fort Lauderdale, it is important to understand the differences between these two charges.
At the Law Offices of Nellie L. King, P.A., our experienced attorneys are here to walk you through the details of your charges. We can help you better understand the distinction between robbery vs burglary in Florida.
Understanding a Robbery Charge in Florida
At its core, robbery in Florida is the act of taking money or property away from the custody, control, or possession of any other individual. You must use force, assault, violence, or place the victim in fear.
In 2024, the rate per 100,000 residents of robbery was 27.8 in Florida. In the same year, 94% of the individuals sentenced for robbery crimes in the US were men.
In Florida, in order for the prosecution to secure a conviction in a robbery case, they must be able to prove the existence of the following three elements beyond a reasonable doubt:
- The accused party took money or property that did not belong to them, and that property has value. Additionally, to secure a conviction, the prosecution must prove that the victim had a legal right to possess the property in question.
- The property was taken from the person of the victim or directly from the victim themselves. In order for a charge of robbery to stick, there must have been some kind of confrontation between the accused party and the alleged victim. The victim must also be aware of the act or in a position to have prevented the robbery if force or threat had not been used.
- Finally, the prosecution must be able to prove that the alleged offender used some kind of violence, force, assault, or threat of fear to commit the act of robbery.
In cases where the alleged offender used a firearm, inflicted injury during the robbery, or carried a deadly weapon while committing the crime, enhanced penalties can be imposed according to state law.
Understanding a Burglary Charge in Florida
Burglary, on the other hand, involves entering a dwelling or structure, or remaining in a dwelling or structure without the permission of the property owner. There must be a purposeful intent to commit an offense inside the property.
In Florida, burglary is based on your alleged unlawful entry and criminal intent, and not on whether an item of value gets stolen. The crime occurs the moment an individual illegally enters a structure with the intent to commit a crime.
Burglary can be divided into three categories based on the kind of property involved. These three kinds of property include:
- Structure. This is considered to be any kind of building with a roof and walls, including a storage unit, a commercial building, or a temporary structure, such as a pop-up hunting blind.
- Dwelling. These properties are any kind of building or conveyance that is designed or being used for lodging at night. These can include attached structures like garages and porches.
- Conveyance. These properties include any kind of ship, vessel, motor vehicle, railroad car, aircraft, sleeping car, or trailer.
In order to secure a conviction in a burglary case, the state prosecutors need to prove three elements beyond a reasonable doubt, including:
- The accused party allegedly entered or remained in a structure, dwelling, or conveyance, meaning that a part of their body or any kind of tool or instrument in their control crossed the threshold of this property.
- The remaining entry was done without permission, and the defendant had no legal authority to be present on or in the property. Situations where the defendant entered through an unlocked door are still considered an act of burglary if it was done so without the consent of the property owner.
- The accused individual had the intent to commit a crime once inside or on the property. The prosecution must be able to prove that this intent was formed before or during the moment of entry onto the property. The intended crime does not have to be theft, but rather can be any kind of offense, like assault, vandalism, or battery.
FAQs
What Are the Penalties for Robbery in Florida?
In Florida, the penalties you can face for a robbery conviction typically vary. They depend on whether any injuries were caused, whether or not a weapon was used, or whether the offense was committed during an act of home invasion. Typical penalties include decades of prison time, thousands of dollars in fines, victim restitution payments, and, in the most severe of cases, life imprisonment.
Could You Be Charged With Both Robbery and Burglary in FL?
Yes, you can be charged with both robbery and burglary in Florida if your alleged behavior matches the elements of both criminal acts. One common example can involve entering a business or home, which would be considered burglary. Using force or fear to take that property from someone inside the structure could then be considered robbery.
Can Robbery or Burglary Charges Be Reduced?
Robbery or burglary charges can be reduced in certain circumstances. Your lawyer can seek to have robbery or burglary charges lowered.
However, this is dependent on the strength of the state’s evidence against you, your own criminal history, and the facts involved in the case. Your lawyer may be able to enter into negotiations with the prosecution for these potential charge reductions.
How Can You Defend a Robbery Charge?
To defend against a robbery in Florida, attorneys typically focus on challenging the identification of the alleged perpetrator. They can argue that the defendant lacked any kind of intent to deprive the alleged victim of their property. Therefore, the use of force claimed by the prosecution would not have actually taken place.
Hire a Robbery Lawyer Today
When the time comes to hire a robbery lawyer or burglary lawyer in Florida, the team at the Law Offices of Nellie L. King is here to serve you. Whatever your case might involve, we are here to review the facts and develop a defense strategy that can stand up to the prosecution. Contact us today to learn more and schedule your consultation with our defense team.
