Last updated March 2026
Robbery and burglary are often confused, but under Florida law, they are very different crimes.
The difference comes down to one core issue:
Robbery involves force or fear. Burglary involves unlawful entry.
That distinction affects how a case is charged, how it is defended, and the potential consequences.
If you are facing either charge, understanding how Florida law separates these offenses is critical.
For a complete breakdown of robbery charges, penalties, and defense strategies, see our guide to Robbery Charges in Florida.
⚖️ What Is Robbery in Florida?
Under Florida Statute § 812.13, robbery is the taking of property from a person with the use of:
• force
• violence
• assault
• or “putting in fear”
Robbery is classified as a violent felony, even if:
• no weapon is used
• no one is injured
• the incident happens quickly
Robbery focuses on how property is taken from a person.
Robbery requires force, violence, or “putting in fear” — which we explain in our guide to what “putting in fear” means in Florida robbery cases.
🏠 What Is Burglary in Florida?
Burglary is defined under Florida law as:
Entering a dwelling, structure, or conveyance without permission, with the intent to commit a crime inside.
Key elements:
• unlawful entry or remaining
• intent to commit a crime
• no requirement of force against a person
Burglary focuses on unauthorized entry, not interaction with a victim.
For a deeper breakdown of how burglary charges are defined under Florida law, see our guide to burglary charges in Florida.
🔍 The Key Difference: Force vs. Entry
This is the most important distinction:
Robbery
• requires force or fear
• involves a victim
• focuses on taking property from a person
Burglary
• requires unlawful entry
• may occur without a victim present
• focuses on entering a place to commit a crime
A person can commit burglary without ever encountering another person.
A person cannot commit robbery without involving a victim.
🚨 How Charges Can Overlap
Some cases involve both offenses.
For example:
• entering a home (burglary)
• then confronting someone and taking property (robbery)
In those situations, prosecutors may file multiple charges.
Understanding the sequence of events becomes critical.
🎥 Evidence Often Determines the Charge
In many modern cases, surveillance and digital evidence play a major role.
Video may show:
• whether entry was lawful
• whether force occurred
• how the interaction unfolded
• who was actually involved
In cases involving unclear encounters or limited evidence, identification can also become an issue — which we explore in our breakdown of mistaken identity in robbery cases.
⚖️ Why the Difference Matters
Robbery and burglary carry different risks:
Robbery:
• violent felony classification
• higher bond conditions
• significant prison exposure
Burglary:
• still a serious felony
• penalties depend on location and circumstances
• does not require force against a person
The classification affects how aggressively the case is prosecuted.
🛡️ Defense Strategies Differ
Because the elements are different, defense strategy changes:
Robbery defenses may focus on:
• lack of force or fear
• identity issues
• intent to deprive
Burglary defenses may focus on:
• lawful entry
• lack of intent
• mistaken presence
• consent
Small factual differences can completely change the charge.
⚠️ What to Do If You’re Charged
If you are facing robbery or burglary charges:
• do not make statements to police
• preserve any available evidence
• identify witnesses early
• seek legal counsel immediately
Early case analysis often determines how the charges develop.
📞 Charged With Robbery or Burglary in Florida?
These charges are often misunderstood — and sometimes overcharged.
Understanding the difference is the first step in building a defense.
Call Michael White, P.A. at (954) 270-0769 for a confidential consultation.
✅ FAQs
What is the main difference between robbery and burglary?
Robbery involves taking property using force or fear, while burglary involves entering a structure without permission to commit a crime.
Can you be charged with both robbery and burglary?
Yes. If someone unlawfully enters a structure and then uses force to take property, both charges may apply.
Does burglary require a victim to be present?
No. Burglary can occur even if no one is inside the property.
Is robbery more serious than burglary?
Robbery is typically treated as a violent felony, which can lead to more severe penalties.
Can mistaken identity affect burglary or robbery charges?
Yes. If identity is not proven beyond a reasonable doubt, the charges may be dismissed or reduced.