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Robbery and burglary are two similar crimes, but they are not the same thing. Some people use these terms interchangeably, but there are some differences that need to be discussed.

Here is an example: When a person enters your home while you are away and steals your property, you are burglarized. If you were home when the burglary occurred and were confronted by the burglars, there are now two crimes at play: burglary and robbery.

Burglary is defined in C.R.S. 18-4-201. It involves a person knowingly breaking into a building or occupied structure illegally with intent to commit a crime (such as theft or criminal mischief) against another person or property. A “structure” can include an apartment, barn, office, house trailer, houseboat, railroad car, stable, or vessel, but not an automobile. Burglary is a crime against property. Colorado recognizes first-degree, second-degree, and third-degree burglary, which vary depending on the circumstances.  Whether or not someone possesses a weapon during a burglary is also an aggravating factor.

Robbery is defined in C.R.S. 18-4-301. It involves a person knowingly taking anything of value from a person by the use of force, threats, or intimidation. The “intent to steal” is a substantive element in the commission of a robbery. However, for a robbery to take place, nothing actually has to be stolen. Robbery is a crime against a person. If a person uses a gun, knife, or other weapon to threaten a person, the crime could be elevated to aggravated robbery.

Both crimes are serious. Burglary can be dangerous, as it involves gaining unauthorized entry into a home, which may be occupied at the time. Burglary is generally not a violent crime, but it can be if there is a gun involved and the lives of the occupants are at risk.

The severity of each crime depends on a number of factors.  While it may seem counterintuitive, if no weapon is involved, burglaries are generally considered more serious crimes.  If a weapon is used during a robbery, it becomes an aggravated robbery.  If a weapon is used during a burglary, it is a first-degree burglary.  In both situations, a conviction to either charge would result in a mandatory 10- to 32-year prison sentence.

Robbery vs. Theft

Robbery is often considered a type of theft. Because the intent of a robber is to steal, robbery usually includes theft, but theft is not necessary for a robbery charge. This makes theft and robbery two different crimes.

An example would be taking someone’s bicycle on the street. If the owner was not around, that would be theft but not robbery. However, if you were to steal the bicycle while someone was riding it, that would be robbery.

Robbery vs. Extortion

Robbery is not the same as extortion. Under Colorado law, it is committed when an individual forces someone to do something against their will by threatening them with damage to:

• The person’s reputation,
• The person’s finances,
• The person’s body or property.

Extortion is different from robbery because the victims hand over the items being extorted to avoid the threat being used against them.

Contact Us Today

Robbery and burglary both involve theft, but the elements are different. They are not the same thing, and this is important to know if you are being accused of either crime.

If you are being charged with robbery, get the help you need from a Colorado Springs robbery attorney from The Law Office of Andrew Bryant. You deserve a solid defense. To schedule a consultation, call our office at (719) 634-7353.