Robbery vs. Burglary in Florida

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, robbery (Fla. Stat. 812.13) and burglary (Fla. Stat. 810.02) are similar yet distinct offenses. Though these are sometimes thought of interchangeably, robbery and burglary have distinct elements, potential penalties, and defenses. This blog will explore the similarities and differences between robbery and burglary.

Robbery in Florida

Robbery involves taking money or property from another person or their immediate presence, with the intent to temporarily or permanently deprive them of it using force, violence, assault or intimidation.

For someone to be proven guilty of robbery, the State must establish all of the following elements beyond a reasonable doubt:

• The defendant must take or attempt to take money or property
• The property is taken directly from the victim or from their immediate control (e.g. snatching a purse)
• The defendant used force, violence, or assaulted (instilling fear of imminent violence within the victim) or otherwise intimidated the victim
• The defendant must intend to deprive the victim of the property

Note: Florida’s courts have held that force may be used after the physical taking (robbery) to ensure it occurs, not necessarily before or during the taking. An example may include snatching someone’s purse then brandishing a knife to ensure they do not try to take it back. Rockmore v. State, 114 So. 3d 958 (Fla. 5th DCA 2012).

Examples of robbery in Florida may include any of the following:

• A person points a gun at someone on the street and demands their wallet and cell phone
• A purse is snatched from a woman after she is shoved to the ground
• A person yells at a bank teller that they have a weapon and demands cash, which the bank teller hands over

There are four distinct types of robbery in Florida under Fla. Stat. 812.13. For an act to be considered robbery, it must fall into one of the following categories:

• Strong-arm robbery: No weapon used, but involves physical force (such as shoving or punching) to effectuate the taking (a second-degree felony punishable by up to 15 years in prison and a $10,000 fine)
• Armed robbery: Involves a deadly weapon or firearm (a first-degree felony punishable by up to 30 years in prison and a $10,000 fine)
• Home invasion robbery: Robbery within a dwelling (generally defined as a building or conveyance, whether permanent or temporary, that is designed to be occupied by people at night, regardless of whether it is occupied at a particular moment), a first-degree felony punishable by up to 30 years in prison and a $10,000 fine
• Robbery by sudden snatching: Separately classified under Fla. Stat. 812.131, involves the taking of property without significant force (such as pickpocketing or grabbing a purse off of a person without punching/shoving/threats). A third-degree felony punishable by up to 5 years in prison and a $5,000 fine

Important: If someone is convicted of home invasion robbery without a weapon, this carries a mandatory minimum sentence of 34.5 months (2 years and 10.5 months) in prison. If a weapon is carried, there is a mandatory minimum of 66 months (5.5 years) in prison.

Robbery is also an enumerated felony under Florida’s 10-20-Life law (Fla. Stat. 775.087).

This means that if robbery occurs and a firearm is involved in the commission of the offense, someone faces the following mandatory minimum prison sentences:

• If the firearm is brandished or carried, a minimum of 10 years in prison
• If the firearm is discharged and there is no injury or death of a victim, a minimum of 20 years in prison
• If the firearm is discharged and injury or death results, a minimum of 25 years to life in prison

These sentences are non-discretionary – if someone is found guilty of robbery involving a firearm, a judge must impose the above mandatory minimum sentences. Moreover, Florida’s 10-20-Life law overrides the typical maximum sentences for robbery when the mandatory minimum under the 10-20-Life law exceeds the usual sentencing cap. Mendenhall v. State, 48 So. 3d 740 (Fla. 2010). 

Defenses to robbery may include any of the following:

• No use of force, threat, or violence (may not be a total defense, but the charge may be reduced to petit or grand theft)
• Claim of right/ownership: If someone had a good-faith belief in ownership of the property (or was the actual owner), this is not robbery. However, someone may face charges if force or a threat of force is used (aggravated assault, battery, etc.)
• Consent: If someone consented to the taking of the property, this is not robbery
• Mistaken identity/alibi: Especially effective evidence (such as GPS data, witnesses, etc.) exist showing the defendant could not have committed the alleged offense
• Procedural challenges: May range from motioning to suppress a defendant’s post-Miranda statements, motions to suppress evidence that was unconstitutionally obtained by law enforcement (Wong Sun v. United States), etc.
• No force or intimidation used (may still be robbery by sudden snatching, but a defense to other robbery charges)

Burglary Charges in Florida

In contrast to robbery, burglary involves entering or remaining in a structure, dwelling or conveyance without permission and with the intent to commit a separate crime inside.

For someone to be proven guilty of burglary (Fla. Stat. 810.02), the following must be established beyond a reasonable doubt:

• The defendant entered or remained within the property (structure, dwelling or conveyance) without the consent of the owner
• The defendant had the intent to commit a separate crime inside (such as theft), even if this crime was not completed 
• The property was a dwelling (a building designed for lodging, either permanently or temporarily), structure (non-residential buildings like garages or offices) or conveyance (car, truck, van, etc.)

Examples of burglary in Florida may include the following:

• Someone breaks into a home at night and steals a TV 
• A person opens an unlocked car in a parking lot and steals items from a glovebox (burglary of a conveyance)
• Someone breaks into a store after hours and steals merchandise

The penalties someone faces if charged with burglary depend on the facts of an individual case. These may include:

• Third-degree felony: If burglary occurs in an unoccupied structure or conveyance with no aggravating factors (unarmed), it is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine
• Second-degree felony: If burglary occurs within an occupied or unoccupied dwelling, or occupied structure or conveyance without assault/battery/use of a weapon
• First-degree felony punishable by life: Armed burglary (firearm, knife, etc.) or burglary with an assault/battery 
• First-degree felony punishable by life: Burglary involving the use of a vehicle (such as smashing through the wall of a business with a car and then burglarizing it), or causing more than $1,000 in damage during the burglary

Note: Armed burglary requires the weapon to be within the immediate physical reach of the defendant and an intent to use it during the offense. Barrett v. State, 983 So. 2d 795 (Fla. DCA 4th 2008).

Like robbery, burglary is also subject to Florida’s 10-20-Life law (10-year minimum for carrying or brandishing a firearm, 20 years for discharge, 25 to life for injury/death caused by discharge of the firearm). Someone may face even harsher penalties for robbery or burglary if they are sentenced as a PRR, HFO, HVFO, VCC, or under another enhancement in Florida.

Defenses to burglary may include any of the following, depending on the facts of the case:

• Lack of intent to commit a crime while inside the dwelling, structure or conveyance (not a total defense if illegal entering/remaining occurred but may be reduced to trespass)
• Consent or invitation to enter 
• Mistaken identity/alibi
• The area entered was not a dwelling, structure, or conveyance (such as an open yard)
• No entry: Defined as at least a part of the defendant’s body or a tool they are using into the property. If actual entry did not occur (such as standing on the steps), this is not a burglary.
• Open to the public (no burglary in an open grocery store, for example – though someone may be charged with robbery or another offense depending what they do while inside)
• Abandonment: The defendant decided not to commit a burglary voluntarily before going through with it 

Based on the above, robbery and burglary have the following key differences under Florida law:

• Robbery involves taking directly from a person; burglary involves unlawful entry into (or remaining within) a dwelling, structure or conveyance with intent to commit another offense therein 
• Robbery requires use of force or threat of force (except for sudden snatching); burglary does not 
• Robbery often occurs when the victim is present (as the property is forcibly taken from them); burglary often occurs when the victim is absent (such as burglary of a home during the day while someone is at work)

In sum, robbery and burglary are somewhat similar but distinct offenses in Florida. Robbery occurs when someone’s property is taken from them forcibly or through the use of threats or intimidation. It is punishable as between a third-degree felony (by sudden snatching) and a first-degree felony (armed robbery).

Burglary occurs when someone enters or remains in a structure, dwelling or conveyance without permission of the owner and with the intent to commit a separate crime inside (even if this other crime is not completed). It is punishable by anywhere from a third-degree felony (unoccupied structure/conveyance) to a first-degree felony punishable by life (armed burglary).

Defenses to these charges largely overlap – such as lack of intent, mistaken identity, alibi, procedural challenges, consent, and more. However, there are also distinct defenses that may successfully defeat one charge, but not the other. If someone is accused of either robbery or burglary (or both), it is critical to find an experienced and aggressive North Florida criminal defense attorney to fight these charges.

If someone is arrested and formally charged in Florida in a case involving burglary or robbery, it is critical to find experienced and trusted legal representation as soon as possible. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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