Burglary vs. Robbery in Las Vegas: A Defense Lawyer Explains the Critical Differences

To convict you of burglary, the prosecutor must prove two things beyond a reasonable doubt. It is your defense lawyer’s job to dismantle one or both of these elements.

1. Unlawful Entry: This means you entered a structure without permission. “Entry” is defined very broadly by the courts. It doesn’t require your whole body to go inside. If you reach a hand through an open window, use a tool to try and pry open a door, or even just push open an unlocked door, the element of entry has been met. This includes places that are open to the public, like a casino or department store, if you enter a private area like a “staff only” office or storeroom.
2. Criminal Intent: This is the key battleground where a skilled defense lawyer can often win a burglary case. The prosecutor must prove your state of mind at the exact moment of entry. They must prove that you entered with the specific intention of committing a theft, an assault, a battery, or another felony inside. If they cannot prove your intent at that moment, they cannot secure a burglary conviction.

This leads to the most critical takeaway about burglary: The crime is complete upon entry. You don’t have to actually steal anything. You don’t have to hurt anyone. If the prosecution can convince a jury that you walked through an open garage door planning to take a toolset, you have committed burglary, even if you got scared and immediately walked out without touching anything. This is why a lawyer is so crucial—to challenge the flimsy evidence prosecutors often use to “prove” what was in your head.

To convict you of robbery, the prosecution must prove that you took property from a victim using force or fear. As your defense lawyer, my job is to challenge these specific elements.

1. Taking From the Person or in Their Presence: The property must be taken from the victim’s physical control or from their immediate area. This is the element that distinguishes robbery from a simple after-the-fact theft.
2. By Means of Force or Violence: This is any physical force, no matter how slight, used to accomplish the taking. A violent punch to the face is clearly force. But so is a quick purse snatching that involves tugging the strap from a victim’s shoulder. The amount of force can be minimal.
3. By Means of Fear of Injury: This is the threat of immediate harm. This is where many robbery cases are fought by a defense lawyer. The threat does not have to be spoken. An intimidating gesture, brandishing a weapon, or cornering a victim can be enough to instill the “fear of injury” required for a robbery conviction.

• Burglary: Victim does NOT have to be present. It’s a crime against the location.
• Robbery: Victim MUST be present. It’s a crime against the person.

• Burglary: Force is NOT a required element (though force might be used to enter).
• Robbery: Force or the fear of force is a mandatory element of the crime.

A successful burglary defense, crafted by a skilled lawyer, often centers on a few key areas:

• Lack of Intent: This is the most common defense. As your lawyer, I would argue that you entered the structure for a non-criminal reason. Perhaps you were intoxicated and thought it was your friend’s house. Perhaps you were seeking emergency shelter. If we can create reasonable doubt about your intent, you cannot be convicted of burglary.
• Consent to Enter: We can argue that you had permission, or a reasonable belief that you had permission, to be on the property. If your entry was not unlawful, there is no burglary.

Fighting a robbery charge requires a different and often more aggressive approach from your lawyer:

• Misidentification: Eyewitness testimony is notoriously unreliable. People’s memories are flawed, especially during a traumatic event. As your lawyer, I will rigorously scrutinize the police lineup or photo array for any sign of suggestive procedures. We can file motions to have the identification thrown out of court.
• Challenging “Force or Fear”: We can argue that the taking was a simple theft (larceny) that did not involve the required level of force or threat to constitute robbery. This could mean the difference between a misdemeanor and a 15-year prison sentence.
• Claim of Right: In some rare cases, we can argue that you had a good-faith belief that the property you took was rightfully yours. This is a complex defense that should only be attempted by a very experienced lawyer.