These charges, however, under Canadian law have different meanings, interpretations and consequences. You might think of robbery, theft, and burglary as near-identical crimes. Subtle distinctions exist between crimes classified as theft, robbery or burglary. What is the difference between the two crimes? The FBI’s official definition is “the taking or attempting to take anything of value from the care, custody, or control of a person or persons by force.” Burglary is a property crime defined as “the unlawful entry of a structure to commit a felony or theft or threat of force or violence and/or by putting the victim in fear.” How Long Does a Felony Stay on Your Record? The jail sentence may include a $35,000 fine, or the fine may be an option instead of jail time. If the value of the stolen property in Florida is less than $100, the offender has committed a misdemeanor of the second degree. The main difference between robbery and burglary is that the first crime involves the actual taking of someone else’s property. Copyright ©2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. The charge increases to a class A felony if the burglary occurs during an emergency. The main difference between robbery and burglary is that the first crime involves the actual taking of someone else’s property. Burglary means illegally entering a property in order to steal property from it. His sentence may not be the same as a regular offender who committed the same crime. However, there is a difference in the mode in which a theft or a robbery is conducts that makes law categorize them as two different types of crimes. This article outlines the differences between burglary, robbery and theft and provides a few tips on how to avoid becoming a victim of these crimes. If the defendant shows remorse to the judge or victim or admits his guilt, his punishment will decrease. Burglary simply requires that someone enter a structure with the intent to take something.. Also, robbery requires that a person act with some type of force or threat of force or violence. Theft. Differences between burglary robbery and theft, How to Handle an Outstanding Bench Warrant, Arrest Warrant, or a Missed Court Date, Child Endangerment and Everything That Encompasses It, Is Doxxing Illegal? Presence of the victim. This crime attracts a fine of not more than $500 and does not involve any jail term. Burglary. Asking a cashier to open a cash register and collecting the money is robbery. We decided to explain the difference between burglary, robbery, and theft to help you understand when and how you can be charged with these three different criminal charges in Texas. If a criminal goes into an empty residence to commit theft, it’s a burglary. Theft means taking someone’s property but does not involve the use of force. One major difference between robbery and burglary is that robbery always involves theft, while burglary does not. Robbery is essentially theft that includes an act or threat of violence. Definition of Theft Robbery generally is a third-degree felony in Pennsylvania, and it attracts up to a seven-year jail term. What the three have in common, of course, is that they all may involve the unauthorized taking of someone's personal property by another person (aka stealing). Theft is the most basic of the three crimes, and it’s also known as larceny. Difference Between Robbery, Theft, Burglary, and Larceny. Main Difference. Theft. Criminals who have had several charges of petty theft may attract this jail term. The crimes of theft, robbery, and burglary are commonly lumped together because most people believe they involve the unlawful taking of someone else’s property. A person can be guilty of the offense of burglary if he enters a structure with the aim to commit an offense. As robbery and burglary are both crimes that can be linked with theft and one is even considered as a felony, one should know the difference between robbery and burglary. Robbery occurs when someone “takes property from the person or presence of the owner by either…using force…or by threatening the imminent use of force.”. When it comes to the legal definition of theft there are actually a number of categories of theft in addition to burglary and robbery. Some state laws consider robbing an elderly person, a child, or a disabled person as an aggravating factor. What is Burglary in Texas? Merely entering a structure without authorization, either forcefully or through an unlocked door, while intending to commit a crime can attract the charge of burglary. This includes homes, as well as any structure belonging to another. Below is a summary of each offence and what it involves. Theft, burglary, and robbery are all serious charges here in California. Theft, Force, and Fear. Though burglary is often a crime that involves theft, you don’t necessarily have to take any property to be convicted of this crime. Felonies attract more enormous penalties, such as a jail term of more than one year. https://difference.guru/difference-between-theft-robbery-and-burglary Shoplifting is theft. Both robbers and thieves make a claim over things that are not theirs. Robbery means threatening the victim into surrendering the goods or taking them by force. There are a lot of different terms used when it comes to stealing. However, a burglary may not require any form of violence. The most basic, and least serious, of these three crimes is theft. Theft is stealing, robbery is using violence to steal, and burglary is when someone enters your home to commit a crime. It attracts up to a 15-year jail term. You could use a weapon or an imitation weapon in a robbery. Some of these terms include theft, larceny, robbery, and burglary. Here are the differences between burglary, theft and robbery: Burglary. Robbery is a violent crime that directly involves another person as the victim. If a defendant claims he was under duress to commit a robbery, he must prove that he had to commit the crime while in danger of bodily harm. Read more about how it is indeed possible to be charged with the crime of burglary and the theft of the stolen goods. Similar to robbery, an aggravated assault is classified as a felony of the first degree if the perpetrator inflicted or threatened serious bodily injury. While laws vary by state, the typical elements of the crime are: 1. taking money or property 2. directly from someone 3. without permission 4. with the intent to keep the property permanently 5. through the use of force or intimidation. It is more detailed in the charges you face and may have profoundly serious consequences. In some states, if the robbery resulted in an injury, it aggravates the final sentence the offender will get. For second degree and third-degree burglaries, offenders can get up to fifteen and seven years in prison, respectively. For the non-discerning eyes, they appear just the same but do not be confused,they are very different from each other if you look closely. A $300 felony in Florida is a misdemeanor in Georgia. Burglary simply requires that someone enter a structure with the intent to take something. unlawful act of entering another person’s building with the aim of committing a crime In the state of Minnesota, burglary in the first-degree attracts between six months to 20 years prison sentence. Petty theft can also lead to civil suits where the criminal must make restitution or repay the victim. Most people use the terms theft, robbery and burglary interchangeably and for the most part, they can be used that way in general conversation. Second-degree burglary is punishable by a prison term of up to 31 months. We are【 Available 24/7 】 For a … Some states have a threshold of $25,000 for a crime to be considered grand theft. A third-degree burglary involves unlawful entry into any structure with the intent to commit a crime that is not theft, arson, or violence. A juvenile robbery case will attract less penalty than what is obtainable in a court for adults. The Difference Between Theft, Robbery and Burglary Charges and Penalties Responsive and Professional Positive Case Outcome Caring, Personal Approach 1. Person. In some states, the information on this website may be considered a lawyer referral service. It is the use of force that makes robbery, in most cases, the more serious crime. If it results in death, the crime escalates to a murder charge. Robbery is a crime wherein you will take or attempt to take something from someone by threat or by force. The penalty may include a fine of not more than $10,000 or a jail term of not more than nine months. Robbery, like theft, involves taking someone’s property without the owner’s consent, but it has some elements that theft doesn’t require. Burglary. What is the difference between petty theft and burglary or burglary and robbery? The Differences Between Robbery and Burglary When addressing the crimes of theft, robbery, and burglary, it is common to confuse them or lump them together. Burglary means breaking into a building with intent to commit a crime. It doesn’t necessarily require a theft to occur, and it doesn’t matter if a weapon is present or not. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want legal advice. In most cases, a victim is not present during the commission of a burglary. Theft, burglary, and robbery are similar crimes with important unique distinctions. If the defense proves that his mental incapacities erase any intent to steal, the conviction may reduce from a felony to a misdemeanor. Many people confuse the terms burglary, robbery, and theft and use them interchangeably. Opening a screen door in a home while intending to commit a crime without eventually going in or committing the crime is burglary. The definition of theft involves some of these scenarios: Robbery is taking something directly from someone using force, threats, or violence. What Constitutes Robbery in Texas? For more detailed explanation of robbery laws, read our article Types of Robbery Charges: Varying Felony Classes. Experienced Robbery Defense Lawyers in New Jersey We have years of experience investigating all types of serious criminal cases. The degree of severity varies by state, and there are four main degrees: First-degree burglary is the most serious case of burglary, and it’s a felony. This jail term is inclusive of a fine up to $5,000. In such a case, he may claim that he suffered from mental defects when he committed the crime. The holidays are the most joyful time of year; however, all the good cheer, great food and gift giving may be a distraction from the risks the season can also bring. Theft and robbery are equally wrong deeds. Let’s take a look at each of these crimes, what they have in common, and how they differ. The force element is essential to proving that you robbed someone. However, a burglary may not require any form of violence. An aggravating factor like a conspiracy or home robbery can extend the jail term to nine years. While theft and robbery are very similar crimes that involve the taking or attempted taking of personal property, burglary is slightly different. Robbery and burglary are both crimes committing to theft. Although burglary, robbery, and theft are often used interchangeably, there are distinct differences between the three. Defending against any of these charges requires an understanding of the differences between them. Here, we will break down the three major Florida property crimes - theft, burglary, and robbery - and the relevant penalties and defenses for each. Theft is what is known as a “wobbler,” meaning that it can be charged as a misdemeanor, or a felony, depending on the circumstances of the crime and the criminal record of the defendant. Theft is a taking of property. If you were asked to explain the differences between theft, robbery and burglary, would you know how to answer? Their legal definition and differences mean everything in the penalties and consequences for a convicted person. Mitigating factors may include: If the defendant has no previous record of robbery, the judge might consider a lesser penalty. While theft and robbery always involve the intent to steal someone else’s property or money, burglary does not always involve theft. Differences Between Theft, Robbery & Burglary in Pennsylvania. You cannot commit a robbery unless you take something from someone else. Theft is one of the most commonly committed crimes. There are, however, very clear differences between these offences. A second degree felony assault requires only bodily injury. The law: Under Texas Penal Code 30.02 , an individual commits burglary if he or she, without consent of the owner, enters a building or structure with the intent of committing a felony, theft … Therefore, and understandably, robbery is The crime takes place without the victim present. Read on to learn about the difference between robbery and burglary in New Jersey. Burglary may be a misdemeanor or a felony, depending on its severity. If the break-in is a robbery that caused the death of someone, it will lead to a murder charge. You might think of robbery, theft, and burglary as near-identical crimes. Theft is stealing, robbery is using violence to steal, and burglary is when someone enters your home to commit a crime. With a third-degree robbery, the defendant will get between two to seven years in jail. Although theft and robbery are very similar, burglary has some differentiation. In South Carolina, the first-degree burglary is punishable with life imprisonment. Any theft at $300 and above is a felony. A seemingly “clean” breaking in and entry is enough reason for a burglary charge. In Hawaii, the first-degree burglary is a class B felony, punishable by up to ten years in jail and a fine of $25,000. While all three terms are used interchangeably, they are different despite all involving the unauthorized taking of someone else’s property. Under Florida law, theft is a general term that includes crimes such as larceny, stealing, misappropriation, and conversion. Here are the differences between burglary, theft and robbery: Burglary. That’s a significant difference between robbery and burglary. A misdemeanor of class A in Wisconsin means the value of the stolen property didn’t exceed $2,500. Even if you believe you have done nothing wrong, speaking to investigators without first consulting an attorney can seriously damage your case. A second-degree robbery means the defendant caused minor injuries and had an accessory. This article outlines the differences between burglary, robbery and theft and provides a few tips on how to avoid becoming a victim of these crimes. Third-degree burglary in some states may also mean intent to steal but getting caught before committing the crime. You should always talk to a lawyer in your area if you ever need legal advice or information about crimes or the criminal justice process. In some states, it implies a commercial building burglary. Theft and burglary don’t require a face-to-face altercation, but a robbery charge indicates that the criminal had contact with the victim. Unlike robbery or theft, you can be charged for burglary without actually stealing anything. If you use threats or violence to obtain property, that’s robbery — not theft. Defending against any of these charges requires an understanding of the differences between them. For grand theft to occur, the value of the stolen item must be above $500-$1,000. Most people believe any of these may be used interchangeably when discussing the unlawful taking of someone else’s property, but that is not the case. A break-in can either be a robbery or burglary, and it mostly involves the theft of property. Theft means taking money or goods away from a person without the victim noticing. Robbery is a second-degree felony with a penalty of two to 20 years in prison or a fine of not more than $10,000. These factors include: Penalties for burglary can involve jail terms, fines, restitution, and probation, depending on whether it’s a felony or misdemeanor. “Force” is usually defined as the use of force, violence, assault, or putting fear in another individual(s). With these factors, robbery can be first or second degree, depending on the state. Petty, or petit, theft in Idaho applies to thefts of properties valued at $1,000 or less. The words robbery and burglary are often used interchangeably in movies, TV shows, books and the internet. Robbery is also a property crime, like burglary and theft, but involves the use of force. Punishments and Fines for Illegal Downloading, How to Rent an Apartment With a Felony on Your Record. Theft, burglary, and robbery are three terms that we often use interchangeably, but under Washington state law, they are three distinct types of crimes. This crime is defined as taking someone else’s property without consent and with the intent to permanently deprive the owner of its use or possession. Many states try cases where the defendant is underage in juvenile courts. It’s a class B felony, attracting up to 25 years in jail. What the three have in common, of course, is that they all may involve the unauthorized taking of someone's personal property by another person (aka stealing). Acts of violence are also a major difference between these two types of crimes. Robbery is sometimes mistaken as burglary, but actually they are different. Differences Between Burglary and Theft Definition of Burglary and Theft . If an offender is found guilty of a robbery charge, the judge will consider the aggravating and mitigating factors to issue the right penalty. On the other hand, burglary is breaking and entering to someone’s house or a building and taking something. However, petty thefts that include properties such as firearms, credit/debit cards, checks, and livestock are more severe crimes. The defendant may assert a diminished capacity during the defense. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Robbery differs from theft primarily in that it involves force or intimidation to take property from another person. Burglary vs Robbery vs Theft: What’s the Difference Legally? If you are accused of one of these crimes, it is very important that you understand what constitutes each crime and what kind of punishments you are facing. The offender may serve a term in prison and lose their right to vote. The crime that a burglar commits can be anything, including assault, rape, murder, or vandalism. Those offenses may result in a similar outcome for the victim – loss of property or assets – but the extra elements that elevate a simple theft charge to burglary or robbery can mean extra years (or decades) in prison for the perpetrator. It’s burglary regardless of whether the person eventually committed the crime or not. We protect clients against overzealous prosecutors who file the wrong charges or build cases based on procedural mistakes and flawed evidence. To commit a theft, you have to take someone else’s property without the owner’s consent and with the intention to permanently deprive the owner of its use or possession. • Burglary is usually considered a felony while theft is considered misdemeanor. The attorney listings on this site are paid attorney advertising. You can be convicted without actually committing a crime within the building, and the crime you intend to commit does not have to be theft or robbery. Although the terms theft, larceny, burglary, and robbery are often used interchangeably by the public, each has a distinct meaning that describes how the crime was committed, the type of crime, and the legal consequences. The most notable difference is that larceny and theft do not involve force or breaking into a building. Bodily injury to the victim constitutes a second-degree felony with up to ten years in jail. We consider that entering a bank during the day with guns and other weapons when it is open and attempting to steal all the money is a form of robbery, but when you plan to break in during the night when the bank is closed, it is a form of burglary. A mitigating factor reduces the severity of the crime and will lessen the penalty an offender receives. Felonies.org does not provide legal advice and Provider is not a law firm. Experienced Robbery Defense Lawyers in New Jersey The victim doesn’t have to be physically present for a theft to occur. 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