When someone is accused of a crime, the specific charge can make a tremendous difference in both the process and the potential penalties they may face. Two offenses that often cause confusion are robbery and burglary. These terms are sometimes used interchangeably in everyday conversation, but in Colorado law, they have very distinct meanings.
Understanding how courts view these charges isn’t just important for those accused, but also for their families who want clarity about what lies ahead.
We’re deeply familiar with how overwhelming it feels when someone you care about is facing serious charges like robbery or burglary. At The Leier Law Office LLC, based in Fort Collins, Colorado, we serve clients from Loveland, Greeley, Windsor, Evans, and surrounding Northern Colorado communities.
With an experienced former prosecutor on our side, we bring valuable information about how cases are built and challenged in court. We understand that this isn’t just about charges—it’s about families, futures, and the fear that comes with the unknown.
We strive to be the people you can turn to with honesty and clarity when life’s pressures are at their heaviest, listening with compassion and sharing your concerns as if they were our own.
Here, we’ll break down the differences between robbery and burglary, how courts interpret these charges, the possible consequences, and why having a thoughtful approach to criminal defense is critical. Keep reading or contact us today for more information.
Introduction to Robbery and Burglary in Colorado
The legal system draws clear distinctions between robbery and burglary, even though both involve unlawful conduct. In Colorado, robbery is tied to force or intimidation against another person, while burglary centers on unlawful entry with the intent to commit a crime inside.
At first glance, these differences might sound straightforward. However, when you’re the one facing charges, the lines can feel blurred. Prosecutors often push for harsher interpretations, and that’s where strong criminal defense representation becomes essential.
A charge on paper doesn’t always reflect the true story, and part of my role is making sure the court sees the whole picture.
What Courts Look for in a Robbery Charge
Robbery is considered a crime against a person. That means the use of force, threats, or intimidation is at the center of the allegation. In Colorado, robbery occurs when someone knowingly takes something of value from another person by using force or threats.
The critical elements that courts examine in robbery cases include:
Presence of a victim: Robbery involves a direct interaction with another person.
Use of force or intimidation: Even if minimal, the threat or act of force is what elevates the offense.
Intent to take property: The prosecution must prove that the accused intended to deprive the victim of their property.
Because robbery involves the victim’s safety, courts often treat it more seriously than burglary. This is why charges can quickly escalate, and penalties can become severe. From a criminal defense perspective, it’s often necessary to question whether the alleged force or intimidation truly occurred, or whether the facts have been overstated.
How Burglary Differs in Court
Unlike robbery, burglary doesn’t require a victim to be present or threatened. Instead, burglary focuses on the unlawful entry into a building or structure with the intent to commit a crime inside. The intended crime doesn’t necessarily have to be theft; it could be vandalism, assault, or another unlawful act.
Colorado law breaks burglary down into degrees, depending on the severity of the circumstances:
First-degree burglary: Involves unlawful entry with the intent to commit a crime, combined with assault, menacing, or possession of a deadly weapon.
Second-degree burglary: Involves unlawfully entering a building with the intent to commit a crime but without the added factors of assault or weapons.
Third-degree burglary: Usually tied to breaking into things like safes, vaults, or locked containers with the intent to commit theft.
Courts evaluate burglary by looking at the intent behind the unlawful entry. From a criminal defense standpoint, one of the most important arguments often involves intent: Was the accused truly planning to commit a crime, or is the situation being mischaracterized?
Key Differences Courts Recognize Between Robbery and Burglary
While both robbery and burglary are felony offenses in Colorado, they differ in focus, severity, and the evidence needed for conviction. The table below highlights the main distinctions courts consider:
Robbery involves force or threats against a person.
Burglary involves unlawful entry with intent to commit a crime.
Robbery requires direct confrontation.
Burglary can occur even if no one is present.
Robbery is prosecuted as a violent offense.
Burglary is often tied to property crimes, unless weapons or violence are involved.
These differences might seem clear on paper, but in practice, cases are rarely simple. A criminal defense strategy often focuses on showing that the charge brought doesn’t actually match what happened. For example, a burglary charge might lack proof of intent, or a robbery allegation might not involve actual force.
Consequences of a Conviction
The penalties for robbery and burglary vary depending on the degree of the charge, the use of weapons, prior criminal history, and whether anyone was injured. Both charges carry the potential for prison time, hefty fines, and long-term consequences like difficulty finding housing or employment.
Robbery convictions can result in years of incarceration, especially if violence or weapons were involved.
Burglary convictions also carry significant prison time, particularly for first-degree burglary where weapons or assault are alleged.
Collateral consequences include losing certain rights, reputational damage, and challenges rebuilding a stable future.
For many clients, the most overwhelming part isn’t knowing how their lives may be changed. That’s why we focus not just on the charges themselves, but on the broader human impact when building a criminal defense.
Defending Against Robbery and Burglary Charges
No two cases are the same, but there are common approaches that courts consider when weighing robbery or burglary allegations. A thoughtful criminal defense may involve:
Challenging evidence of intent: Did the accused actually plan to commit a crime?
Questioning the use of force: Was force or intimidation truly present, or is the prosecution overstating the facts?
Addressing witness credibility: Were eyewitnesses reliable, or could their accounts be mistaken?
Examining police conduct: Were the accused’s rights respected during the arrest and investigation?
Presenting alternative explanations: Could there be lawful reasons for being present at the location in question?
Each of these defense strategies can shift how the court views the case. My role is to bring forward all the facts, not just the ones the prosecution wants to highlight.
The Importance of a Strong Defense
Facing robbery or burglary charges in Colorado can feel overwhelming. Prosecutors often pursue these cases aggressively, and without strong representation, defendants may feel pressured into outcomes that don’t reflect the truth.
Working with an experienced criminal defense attorney and having a well-prepared criminal defense can make the difference between a lengthy prison sentence and a more reasonable resolution.
It’s not only about fighting the charges, it’s also about making sure that clients are treated fairly, that their side of the story is heard, and that the outcome reflects justice rather than just punishment.
Speak With an Experienced Criminal Defense Attorney Today
The courts treat robbery and burglary as serious, but distinct, offenses. Robbery focuses on force and confrontation, while burglary centers on unlawful entry and intent. Both carry severe consequences, yet the way they’re prosecuted and defended can look very different.
At The Leier Law Office LLC, we work with clients throughout Fort Collins, Loveland, Greeley, Windsor, and Evans who are facing the weight of these charges. We know each case is unique, shaped by individual circumstances and details that matter. Our role is to bring those details forward and fight for outcomes that reflect fairness rather than fear.
If you or someone you care about is facing robbery or burglary charges, reach out to us today to start the conversation about your defense.
