What is the legal difference between robbery and burglary?

Robbery is taking property from a person through force or fear, while burglary is unlawfully entering a building with intent to commit a crime inside, regardless of whether anyone is present.

Which crime is considered more serious, robbery or burglary?

Robbery is generally the more serious offense because it involves direct confrontation with a victim, which escalates the potential for physical harm, whereas burglary often occurs when the property is unoccupied.

Can a person be charged with both robbery and burglary for the same incident?

Yes, a person can face both charges when they forcibly enter a building and then use force or threats against a person inside to steal property, as each crime covers a distinct element of the unlawful conduct.

Does burglary require the use of force or violence against a person?

No, burglary does not require force against a person, as its core element is unauthorized entry into a structure with criminal intent, which can happen through an unlocked door or window when the owner is away.

What is the typical penalty difference between robbery and burglary?

Robbery typically carries a prison sentence of 5 to 15 years or more depending on weapon use, while burglary often ranges from 1 to 10 years, with the exact terms varying significantly by state law and prior criminal history.

Is the risk of physical harm higher in a robbery or a burglary?

The risk of physical harm is significantly higher in a robbery because the offender directly confronts the victim, whereas a burglary usually involves entering an empty or unoccupied structure, reducing the chance of immediate violent interaction.

What is a common beginner mistake when distinguishing robbery from burglary?

A common beginner mistake is assuming burglary always involves theft, when it actually requires only the intent to commit any crime upon entry, such as assault or vandalism, while robbery always requires a completed or attempted theft from a person.

Are the terms robbery and burglary interchangeable in everyday conversation?

No, the terms are not interchangeable because robbery specifically targets a person through force or intimidation, while burglary targets a building through unlawful entry, and using the wrong term can misstate the legal nature of an incident.

How does a home invasion differ from a standard burglary in real-world use?

A home invasion is a real-world scenario where an offender forcibly enters an occupied dwelling to commit a crime, which often results in charges for both burglary and robbery if the intruder then uses force or threats against the residents inside.

Can a burglary charge be switched to a robbery charge if a victim appears?

Yes, a burglary charge can be upgraded to include robbery when a victim unexpectedly appears during the unlawful entry and the offender then uses force or fear to steal property from that person, reflecting the new criminal conduct that occurred.

Difference Between

Difference Between Robbery and Burglary

Written byNex Virox Team

Editorial Team

Reviewed byVarshal Nirbhavane

Senior SEO & Organic Growth Professional · 5+ years

Published: August 26, 202620 min read

Quick answer

The main difference between Robbery and Burglary is that robbery requires a victim present and uses force or threat, while burglary does not. Robbery is taking property from a person through force or fear, while Burglary is unlawfully entering a building to commit a crime inside.

Key takeaways

Core distinction: Robbery involves taking property from a person using force or fear.
How each works: Burglary requires unlawful entry into a structure with intent to commit crime.
Legal severity: Robbery is a violent crime against a person, typically a felony.
Best-fit use case: Robbery charges apply to bank heists, muggings, and carjackings.
Common decision mistake: Assuming burglary needs theft, but attempted entry alone still qualifies.

Table of Contents18 sections

Difference Between Robbery and Burglary: Comparison Table

Aspect	Robbery	Burglary
Definition	Taking property from a person through force, threat, or intimidation.	Unlawful entry into a building with intent to commit a crime inside.
Core Element	Requires a victim present who faces force or fear of immediate harm.	Requires unlawful entry into a structure, regardless of whether anyone is present.
Primary Target	Targets a person directly to seize property from their possession or control.	Targets a structure such as a home, office, or store to commit theft or another felony.
Victim Presence	Demands the victim be physically present during the offense.	Often occurs when occupants are away, though presence can elevate the charge.
Force Element	Force or threat of force is the defining mechanism used against the victim.	Force may be used to enter, but it is not required if entry is unlawful.
Legal Classification	Classified as a crime against a person in most jurisdictions.	Classified as a crime against property in most jurisdictions.
Intent Requirement	Intent to permanently deprive the victim of property at the moment of force.	Intent to commit a crime inside the structure at the time of entry.
Degree Levels	Often divided into simple and aggravated robbery based on weapons or injury.	Often divided into first, second, and third degree based on occupancy and weapon use.
Weapon Role	Weapon presence escalates robbery to aggravated robbery in most statutes.	Weapon possession during entry can elevate burglary to first-degree in many states.
Entry Requirement	No entry into a building is required; the offense occurs wherever the victim is.	Entry into a structure is the central act, even if only a part of the body crosses.
Time of Day	Can occur at any hour with no legal distinction between day and night.	Historically required nighttime entry, but modern statutes apply at any hour.
Property Type	Typically involves cash, phones, wallets, or valuables carried on the person.	Typically involves electronics, appliances, tools, or household goods inside a structure.
Typical Location	Occurs in streets, parking lots, banks, stores, or public transit areas.	Occurs in residences, retail shops, offices, or other enclosed structures.
Common Example	Mugger demands a wallet at gunpoint on a sidewalk at night.	Thief pries open a back door and steals a television while the owner is at work.
Investigation Focus	Investigators prioritize victim identification, witness accounts, and suspect description.	Investigators prioritize entry points, forensic evidence, and stolen property tracking.
Evidence Type	Relies heavily on eyewitness testimony, surveillance video, and recovered weapons.	Relies on fingerprints, tool marks, DNA, and security footage of the entry point.
Prosecution Burden	Prosecutors must prove force or threat against a specific identified victim.	Prosecutors must prove unlawful entry plus intent to commit a crime inside.
Sentencing Range	Sentences range from 2 to 25 years depending on jurisdiction and weapon use.	Sentences range from 1 to 20 years depending on degree and prior record.
Statute of Limitations	Limitation periods typically range from 3 to 10 years in most states.	Limitation periods typically range from 3 to 6 years for non-violent burglary.
Insurance Impact	Claims require police reports and often trigger higher scrutiny of personal injury.	Claims require proof of forced entry and an inventory of stolen items.
Prevention Measure	Prevention focuses on situational awareness, avoiding isolated areas, and cash minimization.	Prevention focuses on locks, alarms, lighting, and reinforcing doors and windows.
Deterrent Factor	Visible security cameras and police presence deter street-level robbery attempts.	Alarm signs and deadbolts deter burglars who seek easy, quiet entry.
Risk to Victim	Presents immediate physical danger because the offender confronts the victim directly.	Presents lower physical risk when unoccupied, but danger spikes if occupants are home.
Likely Offender	Often an opportunistic offender acting impulsively with minimal planning.	Often a more methodical offender who may case the property beforehand.
Gang Involvement	Gang members frequently commit robbery to fund activities or gain status.	Gang involvement is less common, though organized crews target high-value homes.
Reporting Rate	Reported to police in roughly 60% of incidents based on victimization surveys.	Reported to police in roughly 50% of incidents based on victimization surveys.
Recovery Chance	Stolen property is rarely recovered because items are quickly sold or discarded.	Recovery improves when serial numbers are recorded and pawn shops are checked.
Legal Confusion	Often confused with burglary because both involve theft in common language.	Often confused with robbery because both involve stealing in common language.
Best-Fit Scenario	Best fits a street confrontation where force or fear extracts property from a person.	Best fits a structure breach where entry enables theft or another intended crime.

What Is Robbery?

Robbery is a violent theft crime where a person takes property directly from another person using force, threat, or intimidation. It exists to criminalize confrontational theft that creates immediate fear and physical risk for the victim.

Definition of Robbery

Robbery is the unlawful taking of personal property from another person's presence or immediate control through the use of force, violence, or the threat of force, with the intent to permanently deprive the owner of that property.

Key Characteristics of Robbery

Characteristic	What It Means in Practice
Direct confrontation	The offender faces the victim directly during the taking, unlike stealth-based theft.
Force or threat	The crime requires actual violence or credible intimidation to compel surrender of property.
Victim presence	The victim must be present or have immediate control over the property being taken.
Immediate control	The property is taken from the victim's person, pocket, hand, or nearby physical space.
Intent to deprive	The offender must permanently keep or dispose of the property, not merely borrow it.
Elevated felony status	Robbery is typically a felony, often carrying stiffer penalties than simple larceny.
Weapon enhancement	Use of a firearm or deadly weapon usually upgrades the charge to aggravated robbery.
Fear element	The victim's subjective fear of injury is a central component of the crime.
Public or private	Robbery occurs in streets, banks, homes, businesses, or anywhere people are present.
Physical injury risk	Victims often suffer bodily harm, which increases the severity of charges.

Common Examples of Robbery

Bank robbery – a teller is forced to hand over cash at gunpoint during business hours.
Street mugging – a pedestrian surrenders a wallet after a thief threatens physical violence.
Convenience store hold-up – a clerk empties a register when a masked offender demands money.
Carjacking – a driver is pulled from a vehicle at knifepoint and the car is driven away.
Home invasion robbery – intruders confront occupants and demand valuables at gunpoint.
Jewelry store heist – staff are forced to open display cases while thieves grab merchandise.
ATM robbery – a user is accosted after withdrawing cash and forced to hand it over.
Liquor store stick-up – a cashier is threatened with a firearm and surrenders the till.
Phone snatching – a thief grabs a smartphone from a pedestrian's hand and flees.
Taxi driver robbery – a passenger pulls a knife and demands the driver's daily earnings.

Advantages and Limitations of Robbery

Advantages	Limitations
Immediate cash gain without planning a sale or fence for stolen goods.	High likelihood of arrest because victims and witnesses can identify the offender.
Direct control over the target, allowing the offender to choose the exact property.	Severe prison sentences, often 5 to 25 years or more depending on weapon use.
No need for breaking and entering skills or stealth tactics.	Physical struggle with a victim can lead to injury, death, or escalated charges.
Quick execution time, typically under two minutes from start to getaway.	Surveillance cameras, cell phone footage, and forensic evidence are widely available.
Works on any target with accessible valuables, from pedestrians to businesses.	Victim trauma and public outrage often trigger aggressive police investigation.
Potential for large single-haul payouts, such as armored car or bank takings.	Federal charges apply for bank robbery, bringing FBI involvement and harsher penalties.
Offender can adapt the threat level to the situation, escalating or de-escalating.	Bystander intervention or concealed carry by victims can turn the tables violently.
No requirement to dispose of bulky stolen property since cash is the usual target.	Repeat offenders face habitual offender statutes that multiply sentence lengths.
Immediate psychological dominance over the victim reduces resistance in many cases.	DNA, fingerprints, and tire tracks left at the scene are strong prosecution evidence.
Works in any location where people carry money, phones, or jewelry.	Robbery is a violent crime, making plea bargains less likely and trials more probable.

What Is Burglary?

Burglary is a property crime involving unlawful entry into a structure with the intent to commit a crime inside, typically theft. It exists to protect private premises and secure spaces from unauthorized invasion, regardless of whether the intended crime is ultimately completed.

Definition of Burglary

Burglary is the unlawful entry into a building, dwelling, or other structure with the intent to commit a felony, theft, or other crime therein, regardless of whether force was used or the crime was actually carried out.

Key Characteristics of Burglary

Characteristic	What It Means in Practice
Unlawful entry	Entering without permission, which can include breaking a lock, climbing through a window, or simply walking through an open door with intent.
Intent requirement	The prosecution must prove intent to commit a crime at the moment of entry, not just the act of entering.
Structure focus	Targets buildings, homes, businesses, or vehicles in some jurisdictions, not open-air spaces or people.
No victim contact	Burglary is a property crime; it does not require confronting or harming a person, unlike robbery.
Force not mandatory	Entering through an unlocked door or unlatched window still qualifies if intent is present.
Time irrelevant	Can occur during day or night; most statutes no longer require a nighttime element.
Attempted counts	Merely attempting to enter with intent can still be charged as burglary in many states.
Degrees exist	First-degree burglary often involves occupied dwellings or weapons; lower degrees cover unoccupied structures.
Separate from theft	Burglary is the entry crime; theft or larceny is a separate charge for what happens after entry.
Civil liability	Victims can sue for damages, including security costs and emotional distress, beyond criminal penalties.

Common Examples of Burglary

Home invasion – Forcing a back door of a private residence at night to steal electronics, with occupants present.
Smash-and-grab store – Breaking a shop window after hours to grab merchandise and flee quickly.
Office break-in – Picking a lock on an office suite to steal laptops and client files on a weekend.
Construction site theft – Cutting a fence and entering a locked trailer to remove power tools overnight.
Apartment entry – Using a stolen key to enter a unit and take cash while the tenant is away.
Garage burglary – Prying open a garage door to steal bicycles and lawn equipment, leaving the house untouched.
Restaurant after-hours – Entering through a roof vent to access the safe and cash register.
Vacation home – Breaking a basement window of a seasonal property to remove furniture and appliances.
Pharmacy break-in – Using a crowbar on a rear door to steal prescription drugs during a holiday closure.
Vehicle burglary – Smashing a car window in a parking lot to take a purse and GPS unit from the seat.

Advantages and Limitations of Burglary

Advantages	Limitations
No direct confrontation means lower immediate physical risk to the offender.	High likelihood of leaving DNA, fingerprints, or tool marks that police use to identify suspects.
Can yield high-value goods like electronics, cash, or tools in a single entry.	Modern security cameras and smart doorbells capture entry and exit, making identification easier.
Unoccupied structures reduce the chance of witnesses calling police quickly.	Sentencing is severe; many states impose mandatory minimums for residential burglary.
Theft of small, portable items is easy to convert to cash through pawnshops or online markets.	Neighborhood watch programs and alarm systems often trigger rapid police response.
Entry methods like open windows or unlocked doors require minimal planning or tools.	If occupants are present, the charge escalates to first-degree burglary, often with weapon enhancements.
Burglary does not require victim presence, so the crime can be completed silently.	Insurance companies and victims often install reinforced locks, cameras, and tracking devices after a first incident.
Multiple rooms or buildings on one property can be searched for hidden valuables.	Attempted burglary is still a felony, so even a failed entry carries criminal penalties.
Stolen goods are rarely recovered, giving the offender a low chance of losing the loot.	Repeat offenders face enhanced penalties under three-strikes laws in many jurisdictions.
Burglary can be committed quickly, often in under five minutes, reducing exposure time.	Civil lawsuits from victims can strip financial assets even after criminal sentencing is complete.
No requirement for force means silent entry methods like lock-picking are viable.	Probation conditions often include GPS monitoring and curfews that severely restrict freedom.

Similarities Between Robbery and Burglary

Shared Aspect	How Robbery and Burglary Are Alike
Core Purpose	Robbery and burglary both aim to unlawfully take property that belongs to another person.
Legal Category	Robbery and burglary are both classified as serious criminal offenses under state and federal law.
Property Element	Robbery and burglary both involve property as the central object of the criminal act.
Intent Requirement	Robbery and burglary both require the offender to have a specific intent to commit a crime.
Victim Impact	Robbery and burglary both cause financial loss and emotional distress for their respective victims.
Crime Classification	Robbery and burglary are both felonies that carry potential prison sentences upon conviction.
Statutory Definition	Robbery and burglary are both defined by precise statutory elements that prosecutors must prove beyond doubt.
Law Enforcement	Robbery and burglary are both investigated by police detectives who gather evidence and interview witnesses.
Prosecution Process	Robbery and burglary are both prosecuted by district attorneys in criminal court proceedings.
Evidence Types	Robbery and burglary both rely on physical evidence, surveillance footage, and witness testimony for conviction.
Defense Strategies	Robbery and burglary both allow defenses like mistaken identity, lack of intent, or insufficient evidence.
Sentencing Factors	Robbery and burglary both consider weapon use, prior record, and injury severity during sentencing decisions.
Aggravating Elements	Robbery and burglary both become more severe when committed with a deadly weapon or against vulnerable victims.
Attempt Liability	Robbery and burglary both punish attempted offenses even when the criminal act fails to complete fully.
Accomplice Rules	Robbery and burglary both hold accomplices and co-conspirators equally responsible for the underlying criminal conduct.
Monetary Threshold	Robbery and burglary both use the value of stolen property to determine the severity grade of charges.
Repeat Offense	Robbery and burglary both trigger enhanced penalties for offenders with prior convictions of either crime.
Juvenile Justice	Robbery and burglary both subject minors to juvenile court proceedings or adult transfer depending on severity.
Insurance Claims	Robbery and burglary both require victims to file police reports before insurance companies process property loss claims.
Prevention Tactics	Robbery and burglary are both deterred by security cameras, alarms, and improved lighting in high-risk areas.
Community Impact	Robbery and burglary both reduce neighborhood safety perceptions and lower property values in affected communities.
Psychological Harm	Robbery and burglary both leave victims with lasting fear, anxiety, and a heightened sense of personal vulnerability.
Court Procedures	Robbery and burglary both follow the same criminal court timeline from arraignment through trial and possible appeal.
Plea Bargaining	Robbery and burglary both frequently resolve through plea agreements that reduce charges in exchange for guilty pleas.
Restitution Orders	Robbery and burglary both require convicted offenders to pay restitution for stolen or damaged property.
Probation Terms	Robbery and burglary both allow probation as an alternative to prison for lower-severity first-time offenders.
Parole Eligibility	Robbery and burglary both require incarcerated offenders to complete programs before becoming eligible for parole release.
Data Tracking	Robbery and burglary are both reported in FBI Uniform Crime Reporting statistics each year.
Public Awareness	Robbery and burglary both generate media coverage that informs public safety warnings and crime prevention campaigns.
Long-Term Outcome	Robbery and burglary both create permanent criminal records that hinder future employment, housing, and voting rights.

Robbery or Burglary: Which Should You Choose?

The single variable that decides the correct term is presence of a victim. Robbery requires a person who is threatened or harmed. Burglary only requires entering a building with intent to commit a crime, even if the building is empty.

When to Use Robbery

Choose Robbery when a person is present and directly threatened. Use it for street muggings, bank hold-ups, or carjackings where force or fear is used against someone. The crime targets a victim, not a structure.

When to Use Burglary

Choose Burglary when the target is a building, not a person. Use it for breaking into homes, shops, or offices, regardless of whether anyone is inside. The crime focuses on unlawful entry with criminal intent.

Common Misconceptions About Robbery and Burglary

Common Myth	The Reality
Robbery and burglary are two legal names for the same crime.	Robbery requires taking property from a person by force or threat, while burglary requires unlawful entry into a structure with criminal intent.
Burglary always involves stealing something valuable from a home.	Burglary is unlawful entry with intent to commit any crime inside, so the intended felony can be assault, vandalism, or theft.
You can only commit robbery against a stranger on the street.	Robbery can occur anywhere a person uses force or fear to take property, including inside homes, banks, or against acquaintances.
A burglar must physically break a door or window to enter.	Burglary includes entering through an unlocked door or window, because unlawful entry does not require forced damage to property.
Robbery requires a weapon like a gun or a knife.	Robbery only requires force or intimidation, so a threat with fists, a fake weapon, or implied violence is sufficient for the charge.
If a thief steals your wallet from your pocket, it is burglary.	Taking property directly from a person by force or stealth is robbery or theft, not burglary, because no structure is entered.
Burglary only happens at night in residential houses.	Modern burglary laws cover any structure at any hour, and commercial buildings, sheds, and vehicles can qualify in many states.
You cannot be charged with burglary if you did not steal anything.	Burglary is complete upon unlawful entry with criminal intent, so leaving empty-handed still satisfies the legal definition.
Robbery and theft are interchangeable legal terms in court.	Theft is taking property without force, while robbery adds the element of force or fear directed at a victim in person.
A pickpocket commits robbery because they touch the victim.	Pickpocketing is typically theft because it lacks the force or intimidation element that legally distinguishes robbery from larceny.
Burglary charges require proof that a person intended to steal.	Burglary intent covers any felony, so entering unlawfully to commit assault, arson, or kidnapping still constitutes burglary.
Robbery is a property crime, not a crime against a person.	Robbery is a violent crime against a person because the victim is present and subjected to force, fear, or intimidation during the taking.
If you break into a car, it is always burglary in every state.	Some states exclude vehicles from burglary statutes, charging vehicle break-ins as theft or criminal trespass instead of burglary.
Burglary requires the structure to be someone's permanent home.	Burglary covers any building, structure, or dwelling, including businesses, vacation homes, and temporarily occupied spaces like hotel rooms.
A mugging is always classified as burglary by police officers.	A mugging is robbery because it involves taking property from a victim through force or threat in a public or private place.
You commit burglary the moment you steal from an open shop.	Shoplifting from an open business is theft, not burglary, because the entry was lawful and no unlawful entry occurred.
Robbery charges are less serious than burglary charges.	Robbery is typically a violent felony with harsher penalties, while burglary severity depends on entry type, structure, and intended crime.
Burglary only counts if you enter through a ground-floor door.	Entering through a second-story window, a roof hatch, or a basement vent still qualifies as unlawful entry for burglary charges.
Threatening someone for money is theft, not robbery.	Demanding money through threats of immediate harm is robbery, because intimidation replaces physical force as the coercive element.
A person cannot be charged with burglary of their own home.	An owner can face burglary charges for entering their own property if a court order, lease, or restraining order bars their entry.
Robbery requires the victim to be physically injured by the attacker.	Robbery does not require injury, because the mere threat of force or fear of harm is enough to satisfy the legal elements.
Breaking into a shed to sleep is burglary only if you steal tools.	Entering a shed unlawfully to sleep is burglary, because criminal intent includes any crime, and trespass alone can complete the offense.
Burglary and home invasion are legally identical offenses.	Home invasion is an aggravated burglary involving occupied dwellings and force, while burglary can occur in unoccupied structures without violence.
If a robber uses no weapon, the charge drops to simple theft.	Robbery without a weapon still stands if force or intimidation is used, though the absence of a weapon may reduce sentencing severity.
Burglary intent must be formed before the person touches the building.	Intent can be formed at any point before entry, but the intent must exist at the moment of unlawful entry to satisfy burglary law.
Snatching a purse from a table is robbery because it is sudden.	Snatching property without resistance is often theft, but it becomes robbery if the victim holds the item or force is used to take it.
Burglary of a business is always a lesser crime than home burglary.	Commercial burglary is still a felony in most states, though residential burglary typically carries enhanced penalties due to occupancy risk.
Robbery can only happen outdoors in public spaces.	Robbery can occur inside homes, offices, elevators, or any location where a perpetrator uses force or fear to take property from a person.
If you enter a house to use the phone, it is not burglary.	Entering without permission to use a phone is burglary if intent to commit any crime exists, but pure emergency entry may be a defense.
Burglary and robbery charges are decided by the stolen item's value.	Value affects theft grading, but burglary hinges on unlawful entry plus intent, and robbery hinges on force or fear against a person.

Conclusion

Difference Between Robbery and Burglary comes down to people versus property. Robbery involves taking property from a person through force or fear. Burglary involves unlawfully entering a building to commit a crime. If someone confronts you, it is robbery. If a building is entered, it is burglary.

FAQs on Difference Between Robbery and Burglary

What is the legal difference between robbery and burglary?: Robbery is taking property from a person through force or fear, while burglary is unlawfully entering a building with intent to commit a crime inside, regardless of whether anyone is present.
Which crime is considered more serious, robbery or burglary?: Robbery is generally the more serious offense because it involves direct confrontation with a victim, which escalates the potential for physical harm, whereas burglary often occurs when the property is unoccupied.
Can a person be charged with both robbery and burglary for the same incident?: Yes, a person can face both charges when they forcibly enter a building and then use force or threats against a person inside to steal property, as each crime covers a distinct element of the unlawful conduct.
Does burglary require the use of force or violence against a person?: No, burglary does not require force against a person, as its core element is unauthorized entry into a structure with criminal intent, which can happen through an unlocked door or window when the owner is away.
What is the typical penalty difference between robbery and burglary?: Robbery typically carries a prison sentence of 5 to 15 years or more depending on weapon use, while burglary often ranges from 1 to 10 years, with the exact terms varying significantly by state law and prior criminal history.
Is the risk of physical harm higher in a robbery or a burglary?: The risk of physical harm is significantly higher in a robbery because the offender directly confronts the victim, whereas a burglary usually involves entering an empty or unoccupied structure, reducing the chance of immediate violent interaction.
What is a common beginner mistake when distinguishing robbery from burglary?: A common beginner mistake is assuming burglary always involves theft, when it actually requires only the intent to commit any crime upon entry, such as assault or vandalism, while robbery always requires a completed or attempted theft from a person.
Are the terms robbery and burglary interchangeable in everyday conversation?: No, the terms are not interchangeable because robbery specifically targets a person through force or intimidation, while burglary targets a building through unlawful entry, and using the wrong term can misstate the legal nature of an incident.
How does a home invasion differ from a standard burglary in real-world use?: A home invasion is a real-world scenario where an offender forcibly enters an occupied dwelling to commit a crime, which often results in charges for both burglary and robbery if the intruder then uses force or threats against the residents inside.
Can a burglary charge be switched to a robbery charge if a victim appears?: Yes, a burglary charge can be upgraded to include robbery when a victim unexpectedly appears during the unlawful entry and the offender then uses force or fear to steal property from that person, reflecting the new criminal conduct that occurred.