What's the difference between Burglary and Robbery under Alabama law?
Burglary is a crime against a dwelling. Robbery means a person is using force (or the threat of force) to accomplish a theft.
When the guy with the gun stuck it in my cousin's face, he was using the threat of force(or actual force) to accomplish a theft of their property. And that is robbery.
The difference: if someone comes in while you're not home and steals a bunch of your stuff, you've been burglarized. If someone comes in and uses a gun or some other force to take your stuff… you've been robbed. That's the difference.
Of course, there are different kinds of robberies and different kinds of burglaries. On this page, we discussed the different kinds of burglaries.
Burglary is the unlawful entry into a building or dwelling with the intent to commit a crime. The Alabama State Legislature has determined punishments for burglary based on the context of the alleged offense—whether the structure entered had people inside or if any violence took place.
Any burglary charge is a felony. Felony convictions cause long-lasting damage to an individual's chances at employment, school financial aid, professional licensure, and activities involving children. Felons are barred from voting, owning a firearm, and serving on a jury.
Huntsville Burglary Lawyer
Burglary cases are complex and demand thorough investigation and an understanding of the criminal courts. The attorneys at Law Offices Of Segal & Segal have spent time on both sides of the courtroom with Andrew Segal as a former prosecutor with the Assistant District Attorney for Madison County and Sandra Segal as an Assistant City Attorney for Huntsville.
Call (256) 533-4529 to schedule a free consultation to discuss your recollection of the events. We will answer your questions about potential penalties and what your best options are to defeat the charges or reach a successful plea.
Law Offices Of Segal & Segal can assist those arrested in or around Huntsville, Decatur, Madison, Meridianville, Moores Mill, Hazel Green, and New Hope.
Alabama Burglary Information Center
- When is this crime a Class C felony?
- What needs to be involved in Class B felony classification?
- What is the most serious classification of this charge?
- What are the consequences if a person is convicted of this crime?
A person commits the crime of burglary in the third degree if he or she knowingly enters or remains unlawfully in a building with intent to commit a crime therein.
Note that the building in question may not be a dwelling. A dwelling is used or normally used for sleeping or living, like a home, RV, apartment, houseboat, or university housing. An unlawful entry into a dwelling is a more serious offense, burglary in the second degree.
A person commits the crime of burglary in the second degree if he or she unlawfully enters a lawfully occupied dwelling with intent to commit a theft or a felony therein.
Burglary in the second degree also applies to those who knowingly enter or remain unlawfully in a building with intent to commit theft or a felony therein and, if in effecting entry or while in the building or in immediate flight therefrom, the person or another participant in the crime does any of the following:
- Is armed with explosives
- Causes physical injury to any person who is not a participant in the crime
- In effecting entry, is armed with a deadly weapon or dangerous instrument or, while in the building or in immediate flight from the building, uses or threatens the immediate use of a deadly weapon or dangerous instrument against another person.
If in the course of a burglary of a dwelling, the defendant or another participant in the crime is armed with explosives or causes physical injury to an innocent person, the crime will be deemed a burglary in the first degree.
Additionally, a home invasion in which the accused is armed with a deadly weapon or dangerous instrument or threatens the immediate use of a deadly weapon is a burglary in the first degree.
Punishments for burglary include:
- Burglary in the third degree – Class C felony, a prison sentence of not more than 10 years or less than one year. Fine of up to $15,000.
- Burglary in the second degree – Class B felony, a prison sentence of not more than 20 years or less than two years. Fine of up to $30,000.
- Burglary in the first degree – Class A felony, prison sentence of not more than 99 years or less than 10 years. Fine of up to $60,000.
For a Class A felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, the prison term will be a mandatory minimum of 20 years.
For a Class B or C felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, the prison term will be a mandatory minimum of 10 years.
Find the Best Burglary Lawyer in Huntsville
The attorneys at Law Offices Of Segal & Segal will work diligently to build your defense. Whether that involves seeking out alibis, surveillance tape, laboratory results, or other methods, we will question the evidence against you and produce our own. If your case is best handled with a plea agreement, Andrew Segal and Sandra Segal can use their reputation and knowledge to negotiate the most favorable plea for you.
Call (256) 533-4529 to discuss the events in question and any investigation that has occurred by the police.