Wichita Bail Bonds Blog

Yes, a person can be charged with both burglary and robbery in the same criminal case, but only if their actions meet the legal definitions of both crimes. While these offenses are related, they involve different elements and intentions under criminal law. Burglary focuses on unlawful entry with intent to commit a crime, while robbery centers on taking property directly from a person through force or intimidation. Because they target different types of conduct, prosecutors can charge both if the facts justify it.

Key Difference Between Burglary and Robbery

• Burglary – occurs when someone unlawfully enters a building, vehicle, or structure with the intent to commit a crime inside, such as theft or assault. The actual taking of property is not required for a burglary charge, only the unlawful entry and criminal intent.
• Robbery – happens when someone takes property directly from another person using force, threats, or intimidation. It is considered a violent crime because it involves a confrontation with a victim.

When Both Charges May Apply

• If an offender breaks into a home (burglary) and then uses force to steal from someone inside (robbery), prosecutors can charge both crimes.
• Entering a business after hours with the intent to steal may constitute burglary. If the offender encounters an employee or security guard and uses violence to escape with property, that action also qualifies as robbery.
• In some cases, both charges are filed initially, and the court later determines whether the evidence supports both or if one merges into the other based on how the crime unfolded.

Example Scenario

• An individual breaks into a convenience store after closing time intending to steal money. This act alone constitutes burglary.
• If a store clerk unexpectedly arrives, and the intruder uses a weapon or physical force to take money or escape, that action adds a robbery charge.
• In this case, both crimes occurred because there was an unlawful entry (burglary) and the use of force to steal (robbery).

Penalties and Consequences

• Both burglary and robbery are felonies, but robbery generally carries harsher penalties since it involves violence or threat of harm.
• Being convicted of both crimes can result in consecutive sentences, meaning the defendant serves one sentence after the other.
• Aggravating factors, such as using a firearm, injuring a victim, or targeting an occupied dwelling, can significantly increase penalties for both charges.

Double Jeopardy Considerations

• The Constitution’s double jeopardy clause prevents someone from being punished twice for the same offense, but burglary and robbery are considered legally distinct crimes.
• As long as each offense includes elements the other does not, unlawful entry for burglary and forceful taking for robbery, both charges can stand simultaneously.

Burglary and robbery are separate crimes that can overlap during a single incident. If a person unlawfully enters a property and uses force to take something from someone inside, they can legally face both charges and, if convicted, serve significant time for each.