
Although you may hear people use the words “robbery” and “burglary” interchangeably, in the eyes of the law, these are two very different criminal offenses. They might seem similar at first glance, but they entail distinct legal definitions and carry different implications for those accused.
If you or someone you know has been charged with either of these offenses, know that both can have serious, life-altering consequences – and both necessitate the knowledge of a criminal defense attorney.
At Pike Law, we’ve handled countless robbery and burglary cases throughout Pennsylvania. We understand the intricacies associated with each, and we’re armed with highly effective strategies to defend every client.
First and foremost, you need to understand the specific criminal offense. Let’s dive into the key differences between robbery vs. burglary and the legal defenses available for each.
Defining Robbery and Burglary
What is Robbery?
The FBI’s Uniform Crime Reporting Program defines robbery as taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.
According to legal statutes, robbery requires the presence of three elements:
- Taking of a person’s property: The perpetrator must take property from the victim.
- Presence of the victim: The victim must be present during the crime.
- Use of force or intimidation: The crime must involve the use of physical force, threats, or intimidation to obtain someone else’s property. This can include the use of a deadly weapon.
Robbery is classified as a felony and is considered a serious offense due to the violent nature of the act. As a result, the average prison sentence length for robbery in the U.S. is around 107 months (nearly 9 years). Charges such as armed robbery or first-degree robbery (involving serious bodily injury) can incur even harsher penalties, including hefty fines.
If you’ve been charged with this violent crime, you’ll need an experienced robbery defense attorney in your corner, advocating for your rights and a fair outcome.
What is Burglary?
inside, typically theft. This charge’s defining elements include:
- Unlawful entry: The perpetrator must enter a building or structure without permission. This can involve committed or attempted forcible entry.
- Intent to commit a crime: There must be intent to commit a crime once inside, which does not necessarily have to be theft; it could also include other felonies such as vandalism or assault.
Unlike robbery, burglary does not require the presence of a victim or the use of force or intimidation. Burglary can be classified as a misdemeanor or a felony, depending on factors such as the time of day, the type of structure entered, and whether the perpetrator was armed.
Regardless of the classification of your charge, it’s best to hire a criminal defense lawyer to ensure your rights and future are adequately protected.
Legal Defenses for Robbery vs Burglary
Given the distinct nature of these crimes, the legal defenses available differ significantly. A skilled robbery attorney or burglary attorney will craft a robust defense based on the unique circumstances of your case, but there are some common strategies used for each kind of offense.
Common Robbery Defense Attorney Strategies
A. Mistaken Identity
This is a prevalent defense in robbery cases in which the accused asserts that they were wrongly identified as the perpetrator. A mistaken identity defense hinges on demonstrating that the eyewitnesses or victims were wrongly identified, often due to poor visibility, stress, or similarity in appearance to the actual offender.
A robbery defense attorney may employ alibi evidence, showcasing that the accused was elsewhere during the violent crime, or present surveillance footage that corroborates their location. Testimony on the fallibility of human memory and identification under stressful conditions can also be instrumental in strengthening this defense.
B. Lack of Intent
commit robbery. This could involve demonstrating that the accused did not plan or desire to use force or intimidation to take someone else’s property.
For instance, if the accused was involved in a confrontation that escalated unexpectedly and resulted in the taking of property without premeditation, a robbery attorney can argue that it was not a planned or intended crime. Scrutinizing the circumstances surrounding the incident can cast doubt on the prosecution’s portrayal of the accused’s intent.
C. Duress or Coercion
This defense applies when the accused commits a robbery under the threat of immediate harm to themselves or others. An attorney will seek to establish that the accused was compelled to participate in the robbery due to an overpowering threat, making their actions involuntary.
For this defense to work, the accused and their robbery defense attorney must provide evidence that the accused faced credible and imminent danger, such as threats of violence, which left them with no reasonable alternative but to comply.
D. False Accusation
False accusation is a defense that challenges the validity of the charges, asserting that the accusations against the accused are unfounded or fabricated. This can occur due to personal grudges, mistaken recollections, or malicious intent from the accuser.
An experienced legal team can gather evidence to discredit the accuser’s motives and reliability, such as inconsistencies in their testimony, lack of supporting evidence, or past incidents of dishonesty. The goal is to deconstruct the prosecution’s case and reveal potential lies or mistakes, thereby exonerating the accused.
Common Burglary Defense Attorney Strategies
A. Lack of Intent
Lack of intent is a pivotal defense for burglary offenses, focusing on the accused’s state of mind at the time of the alleged criminal act. This defense asserts that the accused did not enter the premises intending to commit burglary.
For example, if the accused entered a building mistakenly, believing it was their own or had no criminal purpose upon entry, their criminal defense lawyer can argue that the requisite intent for burglary was absent.
B. Consent
In this strategy, the accused claims they had permission to enter the premises, negating the element of unlawful entry required for a burglary charge. This involves proving that the property owner or an authorized individual allowed the accused to enter.
Evidence such as witness testimony, written permission, or prior relationship between the accused and the property owner can support this defense.
C. Insufficient Evidence
In both residential and commercial burglary cases, the defense may argue that there is a lack of concrete proof linking the accused to the crime, such as the absence of fingerprints, DNA, or reliable eyewitness testimony.
By highlighting gaps or weaknesses in the prosecution’s evidence, the defense aims to create reasonable doubt about the accused’s involvement. This approach can lead to the dismissal of charges or an acquittal if the prosecution cannot meet the burden of proof for burglary theft.
D. Mistaken Identity
This defense relies on demonstrating that the eyewitnesses or victims incorrectly identified the accused, often due to factors like poor lighting, stress, or similarities in appearance to the actual burglar. The criminal defense attorney may present alibi evidence, such as surveillance footage or witness testimony, proving that the accused was elsewhere at the time of the crime.
Why You Need a Criminal Defense Attorney
Facing robbery or burglary charges is a serious and potentially life-altering situation, and if you want to protect your future, you’ll need the knowledge of a skilled criminal defense attorney.
An attorney with specific experience handling robbery and burglary cases will provide invaluable guidance and support throughout the legal process, from the initial investigation to the courtroom. With a strong knowledge of criminal law, they’ll craft a strategic defense based on the unique circumstances of your case, aiming to minimize criminal penalties and secure a favorable outcome.
In such high-stakes situations, a dedicated legal advocate can make a significant difference in your case, helping you to achieve the best possible resolution for a burglary or robbery charge.
Looking for Support? We Fight Robbery & Burglary Charges
If you’ve been charged with an offense in Pennsylvania, attorney John B. Pike is prepared to step into your corner. From armed robbery to petty theft, carjacking, and beyond, we’ve handled a wide spectrum of robbery and burglary charges, and we’re confident we can oversee your case.
Don’t wait to contact a Pennsylvania burglary or robbery attorney. The sooner we understand the details of your case, the sooner we can build an effective defense strategy on your behalf.
To get started, schedule your consultation today.