Robbery vs Burglary vs Theft in Florida

Robbery, burglary, and theft in Florida are three separate crimes: theft under Florida Statute 812.014 is knowingly obtaining or using another person’s property, robbery under Statute 812.13 is taking property from a person or their custody by force, violence, assault, or putting in fear, and burglary under Statute 810.02 is entering or remaining in a dwelling, structure, or conveyance with the intent to commit an offense inside. Theft targets property, robbery targets a person, and burglary targets a place.

Below: a side-by-side comparison, the elements and degrees of each offense, the robbery variants, where the three charges overlap, the sentencing enhancements, and the defenses The Law Offices of Robert David Malove raises in Fort Lauderdale.

How Do Robbery, Burglary, and Theft Compare in Florida?

Robbery, burglary, and theft differ in statute, key element, and penalty range; Statutes 775.082 and 775.083 set the maximum term and fine for each degree.

What Is Robbery in Florida?

Robbery in Florida is the taking of money or other property from the person or custody of another, with intent to permanently or temporarily deprive the owner, when the taking involves force, violence, assault, or putting in fear, as defined in Florida Statute 812.13(1).

What must the State prove for robbery?

The State must prove four elements of robbery beyond a reasonable doubt under Statute 812.13(1):

• Taking. The accused took money or property that may be the subject of larceny.
• From the person or custody of another. The property was on the victim or under the victim’s control.
• Force or fear. The taking involved force, violence, assault, or putting in fear.
• Intent. The accused intended to deprive the victim or owner of the property, permanently or temporarily.

How much force turns a theft into a robbery?

Robbery by force requires more force than the effort needed to remove the property, which means resistance by the victim that the offender overcomes with physical force. The Florida Supreme Court set this rule in Robinson v. State, 692 So. 2d 883 (Fla. 1997), holding that a snatching without that resistance is theft, not robbery.

What are the degrees of robbery?

The degree of robbery depends on what the offender carried during the robbery, under Statute 812.13(2):

• Firearm or other deadly weapon: first-degree felony punishable by up to life imprisonment.
• Other weapon: first-degree felony, up to 30 years.
• No weapon: second-degree felony, up to 15 years.

What are robbery by sudden snatching, carjacking, and home-invasion robbery?

Robbery by sudden snatching, carjacking, and home-invasion robbery are separate robbery offenses with their own statutes and penalties:

• Robbery by sudden snatching (Statute 812.131). The offender takes property from the victim’s person and the victim was or became aware of the taking. No extra force, resistance, or injury is required. It is a third-degree felony (up to 5 years), or a second-degree felony (up to 15 years) if the offender carried a firearm or other deadly weapon. The Legislature created it in 1999 in response to Robinson.
• Carjacking (Statute 812.133). The offender takes a motor vehicle from another person by force, violence, assault, or putting in fear. Carjacking is a first-degree felony: up to life with a firearm or deadly weapon, and up to 30 years with no weapon.
• Home-invasion robbery (Statute 812.135). The offender enters a dwelling intending to commit a robbery and robs the occupants. It is always a first-degree felony: up to life with a firearm or deadly weapon, and up to 30 years with another weapon or no weapon.

What Is Burglary in Florida?

Burglary in Florida is entering a dwelling, structure, or conveyance with the intent to commit an offense inside, unless the premises are open to the public or the accused is licensed or invited to enter, as defined in Florida Statute 810.02(1)(b). Burglary also covers remaining inside after a lawful entry when the person remains surreptitiously, stays after permission is withdrawn, or remains to commit or attempt a forcible felony.

What must the State prove for burglary?

The State must prove three elements of burglary for offenses committed after July 1, 2001, under Statute 810.02(1)(b):

• Entry or remaining. The accused entered, or remained in, a dwelling, structure, or conveyance.
• No consent. The premises were not open to the public and the accused was not licensed or invited, or the remaining fits one of the statute’s three remaining-in categories.
• Intent. At the time of entry or remaining, the accused intended to commit an offense inside.

What counts as a dwelling, structure, or conveyance?

Florida Statute 810.011 defines the three places a burglary can occur:

• Dwelling: a building or conveyance with a roof, designed for people to lodge in at night, together with its curtilage.
• Structure: a building of any kind, temporary or permanent, with a roof, together with its curtilage.
• Conveyance: a motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car. Taking apart any portion of a conveyance counts as entering it.

What are the degrees of burglary?

The degree of burglary depends on the type of place, whether anyone was inside, and what happened during the offense, under Statute 810.02(2) through (4):

• First-degree felony, up to life: the offender makes an assault or battery, is or becomes armed with explosives or a dangerous weapon, uses a motor vehicle to damage a dwelling or structure, or causes more than $1,000 in damage to a dwelling or structure or property inside it.
• Second-degree felony, up to 15 years: burglary of any dwelling, occupied or not, an occupied structure, an occupied conveyance, an authorized emergency vehicle, or a structure or conveyance to steal a controlled substance.
• Third-degree felony, up to 5 years: burglary of an unoccupied structure or an unoccupied conveyance.

Does burglary require stealing anything?

Burglary does not require stealing anything, because the crime is complete when the accused enters or remains with the intent to commit any offense inside. Statute 810.07 lets a jury treat a stealthy entry without the owner’s or occupant’s consent as prima facie evidence of the intent to commit an offense.

What Is Theft in Florida?

Theft in Florida is knowingly obtaining or using, or trying to obtain or use, the property of another with intent to deprive the owner of a right or benefit in the property, or to appropriate it to one’s own use, temporarily or permanently, as defined in Florida Statute 812.014(1).

What must the State prove for theft?

The State must prove two core elements of theft under Statute 812.014(1), plus value when value sets the degree:

• Obtaining or using. The accused knowingly obtained or used, or tried to obtain or use, another person’s property.
• Intent. The accused intended to deprive the owner of a right or benefit in the property, or to appropriate it to someone not entitled to it.
• Value. Value is market value at the time and place of the offense, or replacement cost if market value cannot be determined (Statute 812.012).

What is the difference between petit theft and grand theft?

Petit theft is theft of property valued under $750, and grand theft is theft of property valued at $750 or more or of certain listed items, under Statute 812.014. The 2018 Florida Statutes set the felony line at $300; the current statute sets it at $750. The 2026 tiers are:

• Petit theft, second degree: under $100. Second-degree misdemeanor, up to 60 days and $500.
• Petit theft, first degree: $100 to under $750. First-degree misdemeanor, up to 1 year and $1,000.
• Grand theft, third degree: $750 to under $20,000, or a firearm, motor vehicle, will, stop sign, or other listed item. Third-degree felony, up to 5 years and $5,000.
• Grand theft, second degree: $20,000 to under $100,000. Second-degree felony, up to 15 years and $10,000.
• Grand theft, first degree: $100,000 or more. First-degree felony, up to 30 years and $10,000.

Prior theft convictions raise a petit theft charge. One prior theft conviction makes petit theft a first-degree misdemeanor, and two or more make it a third-degree felony under Statute 812.014(3)(b) and (3)(c).

Does theft from a home change the charge?

Theft from a dwelling or its unenclosed curtilage carries a lower felony line. Property valued at $40 or more taken from a dwelling is third-degree grand theft under Statute 812.014(2)(d), and property under $40 taken from a dwelling is first-degree petit theft under Statute 812.014(2)(e). Theft from more than 20 dwellings is second-degree grand theft.

Where Do Robbery, Burglary, and Theft Overlap?

Robbery, burglary, and theft overlap when one incident satisfies the elements of more than one statute. Florida Statute 775.021(4) treats offenses as separate when each requires proof of an element the other does not, with a separate sentence for each that may run concurrently or consecutively. A burglary with a theft inside is a common example: burglary requires an entry, and theft requires a taking.

When does a burglary become a robbery?

A burglary becomes a robbery when the person inside uses force, violence, assault, or putting in fear to take property from someone present. Entering a dwelling with intent to rob and then robbing the occupants is home-invasion robbery under Statute 812.135, a first-degree felony. An assault or battery during any burglary also raises the burglary itself to a first-degree felony punishable by up to life under Statute 810.02(2)(a).

What sentencing enhancements apply to robbery and burglary?

Robbery and burglary carry two enhancements that petit theft does not:

• 10-20-Life (Statute 775.087(2)). Actual possession of a firearm during a robbery, burglary, carjacking, or home-invasion robbery requires a 10-year minimum (3 years for burglary of a conveyance). Discharging the firearm requires 20 years, and death or great bodily harm from the discharge requires 25 years to life.
• Prison Releasee Reoffender (Statute 775.082(9)). Robbery, carjacking, home-invasion robbery, armed burglary, or burglary of a dwelling or occupied structure committed within 3 years of release from prison allows the State to seek the statutory maximum, served at 100 percent.

What Are the Defenses to Robbery, Burglary, and Theft?

The defenses to robbery, burglary, and theft attack the element that separates each charge from a lesser one. The six raised most often are:

• No force or fear. A grab with no resistance overcome is not robbery by force under Robinson, which can reduce the charge to robbery by sudden snatching or theft.
• No weapon carried. Higher robbery degrees require a firearm, deadly weapon, or other weapon; armed burglary requires explosives or a dangerous weapon.
• Consent or open premises. Burglary by entry does not apply when the premises were open to the public or the accused was licensed or invited to enter.
• No intent at entry. Burglary requires proof of intent to commit an offense at the time of entering or remaining.
• Value. Grand theft depends on market value at the time and place of the offense, and a lower value can reduce a felony to petit theft.
• Identification. The State must prove the accused was the person involved, often through eyewitness or video evidence.

Each defense depends on the evidence, which is why the firm’s robbery defense and burglary defense work starts with the police report, the video, and the property records.

Why Hire The Law Offices of Robert David Malove?

Robert David Malove is a Florida Bar Board Certified Criminal Trial Lawyer who has defended felony cases in Broward, Miami-Dade, and Palm Beach Counties since 1984, including years as an Assistant Public Defender in all three. The firm’s Fort Lauderdale office is at 200 SE 9th Street, Fort Lauderdale.

Robbery, burglary, and theft charges in Broward County often turn on how the State labels the same incident, so the first rule after an arrest is to decline a police interview and call a Fort Lauderdale criminal defense lawyer. The force evidence, the weapon evidence, the entry and consent facts, and the property valuation all bear on whether to move to dismiss, seek a reduction to a lesser offense such as petit theft, or try the case.

Call (954) 861-0384 for a free consultation with a Fort Lauderdale robbery, burglary, and theft lawyer.

Robbery vs Burglary vs Theft in Florida: Frequently Asked Questions

Is robbery worse than burglary in Florida?

Robbery carries a higher minimum degree than burglary in Florida: unarmed robbery is a second-degree felony (15 years), while burglary of an unoccupied structure or conveyance is a third-degree felony (5 years). Robbery with a firearm or deadly weapon and burglary with an assault, battery, or dangerous weapon both carry up to life.

Is theft a felony in Florida?

Theft is a felony in Florida when the property is valued at $750 or more, when it is a listed item such as a firearm or motor vehicle, when $40 or more is taken from a dwelling, or when a petit theft follows two or more prior theft convictions. Theft of property valued under $750 is otherwise petit theft, a misdemeanor punishable by up to 60 days or 1 year in jail.