It's not. At least in Calif. Burglary, off the top of my head is the entering of any building, structure or vehicle with the intent to commit a crime. Day or night. Home or business.
ANY crime. Misdemeanor or felony. Intent is the key. "Breaking" is not an element of the crime. Just the entering. If you can prove that a person entered a store with the intent to shoplift, for example, they can be convicted of burglary. For example, having a very large purse that is totally empty can be interpreted at intent. Statements can be evidence of intent.
At least in California. I'm not sure of the definition of burglary in other states. Burglary is not a "crime of violence" in and of itself. One can enter a building with intent to commit violence, in which case, if violence is committed I assume burglary would be a lesser and included offense along with the violent crime itself.
Robbery, of course, is the taking of property from a PERSON using force or the fear of force. I would define robbery as an act of violence.
Better Call Bag
Amateur Attorney at Law
thanks baggie..... I’ll send you a retainer very soon! Will you accept a blank check from the account I closed last year, or would you prefer Monopoly money?