What is the difference between burglary and robbery?
Although burglary and robbery are often used interchangeably, there are some very clear differences between the two of them.
Simple burglary is the unauthorized entering of a dwelling, vehicle, watercraft, or other structure (or cemetery) with the intent to commit a felony or theft therein. It is a felony that carries a penalty of up to a $2,000 fine and/or imprisonment with or without hard labor up to 12 years. (La. R.S. 14:62)
Simple robbery is the taking of anything of value that belongs to another from the person of another or his immediate control by use of force or intimidation. It is also a felony that carries a penalty of up to a $3,000 fine and/or imprisonment with or without hard labor for up to 7 years. (La. R.S. 14:65)
While both robbery and burglary may involve theft, burglary does not necessarily involve a theft. Any felony can lead to a charge of burglary. Robbery also must be from a person or their direct control, rather than from their home, as is required for a burglary.
Both burglary and robbery have higher level offenses:
Simple Burglary of an Inhabited Dwelling (La. R.S. 14:62.2) is an unauthorized entry of an inhabited dwelling, house, apartment, or other structure used in whole or in part as a home with the intent to commit a felony or theft inside. It carries a penalty range of 1 to 12 years at hard labor.
Aggravated Burglary (La. R.S. 14:60) an unauthorized entry of an inhabited dwelling, or any structure, watercraft, or moveable where a person is present with the intent to commit a felony or theft inside if the offender (1) is armed with a dangerous weapon, (2) arms herself with a dangerous weapon once inside, or (3) commits a battery while entering, inside, or leaving the structure. It is a felony which carries a penalty of 1 to 30 years at hard labor.
First Degree Robbery (La. R.S. 14:64.1) is the taking of anything of value that belongs to another from the person of another or his immediate control by use of force or intimidation when the offender leads the victim to reasonably believe he is armed with a dangerous weapon. It carries a penalty range of imprisonment for 3 to 40 years at hard labor without benefit of probation, parole, or suspension of sentence.
Second Degree Robbery (La. R.S. 14:64.4) is the taking of anything of value that belongs to another from the person of another or his immediate control when the offender intentionally inflicts serious bodily injury. It carries a penalty range of imprisonment for 3 to 40 years at hard labor.
Armed Robbery (La. R.S. 14:64) is the taking of anything of value that belongs to another from the person of another or his immediate control by use of force or intimidation while armed with a dangerous weapon. It carries a penalty range of imprisonment for 10-99 years at hard labor without benefit of probation, parole, or suspension of sentence.
If you would like to set up a consult to discuss your robbery or burglary charge, call us at (318) 459-9111.