The crimes of Robbery and Burglary are often confused. Many times, people discuss instances of burglaries and robberies without any specificity as to what the alleged crime actually is. This article is aimed at clarifying the difference between the criminal charge of Robbery and Burglary in Louisiana.
Robbery is defined as the taking of anything of value belonging to another from the person of another or that is an immediate control of another, by use of force or intimidation. In other words, the offender must have taken something of value from the victim’s person. This may include a victim’s wallet, purse, keys, or anything else of value that is in the victim’s immediate control. “Anything of value” can encompass a wide array of things. For instance, it can include one penny. Furthermore, the taking must be by the use of force or intimidation as opposed to the scenario when the offender takes an item and the victim is unaware.
Burglary is defined as the unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, or any cemetery, with the intent to commit a felony or a theft therein. Basically, a burglary occurs when the offender enters the property of another without the victim’s consent while the offender has the intent to either commit a felony or to steal something.
The primary similarity between Burglary and Robbery involves a theft. However these two crimes vary greatly regarding the elements of the crimes. For instance, the primary difference between the crimes is that Robbery includes the taking of something of value from the person of a victim while a burglary involves the taking of something from the property of a victim.
Another important difference between the two crimes is the sentencing ranges. Although there are many statutes for Robbery and Burglary, depending on the specific facts alleged in the crime, the Robbery statutes generally carry much harsher sentences. For instance, Armed Robbery carries a sentencing range of 10 to 99 years in prison without the benefit of probation, parole, or the suspension of sentence. Furthermore, good time is not allowed for an inmate serving time for Armed Robbery.
If you or someone you know are facing Burglary charges or Robbery charges in Louisiana, contact Baton Rouge Burglary Lawyer Carl Barkemeyer.
