What’s the Difference Between Burglary and Robbery in Florida?

 Posted on April 15, 2026 in Theft

In general, the main difference between burglary and robbery in Florida is that burglary is about unlawful entry, while robbery is about confrontation. Both are serious felonies under state law with the potential for significant prison time. However, they are very different crimes. If you are facing either charge in 2026, our Miami criminal defense lawyer will walk you through the legal process and help you build a strong defense strategy.

How Does Florida Law Define Burglary?

Under Florida Statute § 810.02, burglary means entering or remaining in a structure, dwelling, or vehicle without permission when you intend to commit a crime inside. The crime does not have to be completed. The intent alone, combined with the unlawful entry, is what makes it burglary.

A few things are important to understand here. You do not have to break in. Walking through an unlocked door when you do not have permission can be enough. Also, if you entered a place lawfully but stayed after your permission was taken away and you intended to commit a crime, that can also be burglary. The type of structure involved determines how serious the charge is.

What Are the Different Degrees of Burglary in Florida?

Florida divides burglary into three degrees based on what happened during the offense.

First-Degree Burglary

First-degree burglary is the most serious. It applies when someone enters a dwelling and also assaults or batters a person inside, is armed, or uses a vehicle as a weapon during the crime. This is a first-degree felony that can be punishable by up to life in prison.

Second-Degree Burglary

Second-degree burglary applies in two situations. It can involve entering a home without a weapon and without hurting anyone. It can also involve entering a non-home building, but doing so with a weapon or committing an assault inside. This offense can carry up to 15 years in prison.

Third-Degree Burglary

Third-degree burglary covers entering an unoccupied structure or vehicle without any weapon and without assaulting anyone. It carries a penalty of a maximum of five years in prison.

How Does Florida Law Define Robbery?

Under Florida Statute § 812.13, robbery is taking money or property from another person with the intent to deprive them of it. Under the law, that taking involves force, violence, assault, or the threat of force. The direct confrontation with the victim is what separates robbery from other theft crimes.

The force does not need to occur at the exact moment the property is taken. It can happen just before the taking to help obtain the property, or immediately after, to help the person escape. Even slight force may be enough to qualify as robbery if it is used in connection with taking someone’s property.

What Are the Different Degrees of Robbery in Florida?

Florida divides robbery into degrees based on whether a weapon was involved:

• Robbery with a firearm or deadly weapon: First-degree felony, up to life in prison

• Robbery without a weapon: Second-degree felony, up to 15 years in prison

• Strong-arm robbery, meaning using physical force with no weapon: Second-degree felony, up to 15 years in prison

• Robbery by sudden snatching, where property is taken from someone who does not resist: Third-degree felony without a weapon, second-degree felony with a weapon

The presence of a weapon dramatically increases the severity of the charge and the potential sentence.

Can a Person Be Charged With Both Burglary and Robbery?

Burglary and robbery charges can come from the same incident. For example, if someone breaks into a home and then confronts a resident and takes their wallet by force, that person could face both a burglary charge for the unlawful entry and a robbery charge for taking property from the resident by force.

When criminal acts occur during a burglary, the entire charge can be elevated. That is why first-degree burglary applies when someone assaults or batters a person inside the structure. The presence of a victim makes the charge far more serious.

What Defenses Are Available for Burglary and Robbery Charges in Florida?

Every case is different, but several defenses can apply depending on the facts. Some of the most common include:

• Lack of intent: You entered the structure but had no plan to commit a crime inside.

• Consent: You had permission to be in the location.

• Lack of force: In a robbery case, the element of force may not have been present.

• Mistaken identity: The evidence linking you to the crime is weak or based on unreliable eyewitness identification.

• Unlawful search: If police violated your rights when gathering evidence, that evidence may be thrown out.

Surveillance footage, phone records, witness statements, and physical evidence all play a role in how these cases are built and how they can be challenged. Your attorney will review every detail to find the strongest possible defense.

Schedule a Free Consultation With Our Miami Property Crimes Defense Attorney

Attorney Julian Stroleny is a former Assistant State Attorney in Miami-Dade County who knows exactly how these cases are prosecuted from the inside out. He has earned almost 400 5-star reviews from clients across South Florida who trusted him with their futures.

If you need help, call Stroleny Law: Criminal Defense Attorney at 305-615-1285 today to speak with our Miami criminal defense lawyer. We are available 24/7.