On behalf of The Law Office of Gregory N. Smith
Is Robbery Different from Burglary?
Although the law makes an obvious distinction between robbery and burglary, some people in Missouri might think of the two charges as strikingly similar. Although in both instances some form of property has allegedly been stolen, an individual cannot be charged with robbery if a victim is not actually present. As such, there can be varying degrees of a robbery charge.
As a robbery charge involves the presence of at least one other person, such a charge usually means that the supposed victim was either physically or verbally threatened. This usually results into the victim being forced into having his or her property or money forcibly taken. However, such charges can sometimes be elevated to aggravated or armed robbery.
If a suspected robbery victim was actually physically injured, this can constitute a charge of aggravated robbery. A robbery that is carried out with a gun, knife or other type of weather can result in an arrest for an armed robbery. Even without actual physical injury or any weapon at all, the mere threat of any type of violence in order to take something is considered robbery.
Conversely, burglary does not require a victim to be injured, threatened or even physically present at the time. Understanding the distinction between these charges can be crucial to any Missouri individual who has been charged with either burglary or robbery, but is not entirely certain as to why. Additionally, understanding what may constitute either an aggravated or armed robbery can help a defendant understand if they’ve even been charged correctly in the first place. When it comes to a possible conviction for an individual accused of any type of robbery charge, the prosecution must bare the burden of proof, and must be able to prove beyond any reasonable doubt the every aspect of the charge is reasonable, viable and true.
Source: FindLaw, “Robbery Overview“, , Oct. 1, 2014