However, the crime of robbery also involves force or the threat of force. Presence of the victim. Armed robbery involves using a knife, gun, or fake weapon to commit the offense. Burglary is simply the unlawful entry into a structure, such as a home or business, with the intent to commit a crime inside. Potential defenses to theft, robbery, and burglary. However, a burglary may not require any form of violence. If you have been accused of burglary (whether or not you stole anything), this is a very serious charge and you could be facing a second degree felony, anywhere between two to 20 years in prison and a … The most serious type of robbery is a bank robbery. 1. Burglary simply means illegally entering a building or home with the idea to commit a crime. Although many burglaries involve theft, the crime intended can be any crime from theft, to murder, to making pot brownies. Your browser is out of date. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. According to Texas Penal Code § 31.03, a person can face theft charges when he or she: Knowingly and unlawfully appropriates someone else’s property; Does not have the owner’s effective consent to take, appropriate, or exercise control over the property. 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). Use of threats and physical force. As long as the prosecutor can prove that you had the intent to commit a crime, you could be charged with burglary even if you entered someone else’s residential or commercial property through an open window or door. But beyond this shared link, burglary, robbery, and theft are all different crimes. It’s also a class A felony if the victim is seriously injured as a result of the robbery. We recommend using The typical elements of robbery are someone taking money or property: with the intent to keep the property permanently. Robbery is essentially theft accomplished through the use of physical force or fear. Burglary tends to be confused with theft, but burglary does not require the actual theft to occur. If you or your loved one is facing burglary, robbery, or theft charges, speak with a Lampasas County criminal defense attorney immediately. The Difference Between Burglary, Robbery, and Theft The primary difference between burglary and robbery is that burglary involves property (unlawful breaking and entering) and robbery involves force to a person. Theft vs Burglary . A person can be charged with burglary regardless of whether the crime intended was actually committed. In the criminal justice world, theft, robbery, and burglary each have their own meanings and often have different consequences, depending on which crime you are accused of. Compared to the former two crimes, theft is generally considered less serious. If someone steals from you, it could be essential to know the difference between burglary vs. robbery. Burglary occurs when someone “intentionally enters [a place] without the consent of the person in lawful possession and with intent to steal or commit a felony.” 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.” Many burglaries end up being a crime of theft but the crime that is intended may be theft, murder and many others. In most states, the common law crime of larceny has been merged into a general "theft" crime. Robbery and burglary are similar, but robbery charges are often more serious and have harsher consequences. Unlike robbery or theft, you can be charged for burglary without actually stealing anything. In fact, you do not necessarily need to forcibly break into the habitation or building or steal anything to face burglary charges in Texas. Robbery is essentially theft that includes an act or threat of violence. Theft means taking money or goods away from a person without the victim noticing. Basically, you can be charged with robbery if you use or threaten to use physical force or place the victim in fear of imminent harm while stealing money or property from the victim. Criminal Defense for Theft Crimes When accused of larceny, robbery or burglary, the accused needs a criminal defense lawyer to defend against the charges in court. Lampasas County criminal defense attorney. Types of Theft: Burglary vs. Robbery Brianne Sandorf. Have … Staff Writer, Home Security & Smart Home. Burglary involves the unlawful entering of a structure such as a home or business with the intent to commit another crime while inside. The information on this website is for general information purposes only. Burglary also has a very specific definition: illegally entering a property, such as another person’s house or business, with intent to commit a certain kind of crime. Theft is the most common criminal charge for stealing in Colorado. Punishment ranges from fines to imprisonment. Our attorneys at The Law Office of Brett H. Pritchard have the expertise and resources to work tirelessly and diligently to help you reduce the penalties and avoid a conviction. Additionally, the unlawful entry into the structure need not be accomplished by breaking and entering (although that is often the case). In the crime of burglary, it is not likely that the victim will ever be confronted by the perpetrator, unless the proceeding crime is assault, murder, or kidnapping. Also, unlawful entry into the building does not have to be done by breaking and enteri… Like theft, robbery involves taking money or property without permission. If the robbery includes conspiracy which takes place in the home or dwelling, punishment may be three, six, or nine years. The crime that a burglar commits can be anything, including assault, rape, murder, or vandalism. The penalties and charges of burglary may change just as theft. While robbery occurs when a person takes someone else’s property by force or fear, a person commits burglary by entering a structure with the intent to steal or to commit another crime inside of the structure. Burglary involving any felony other than theft – up to $10,000 in fines and a maximum sentence of life imprisonment. Burglary vs. Robbery in Utah. The penalties for robbery depend on whether the offense is aggravated or simple: Robbery (second-degree felony) – up to $10,000 in fines and imprisonment from 2 to 20 years. Nothing on this site should be taken as legal advice for any individual Theft involves the taking of personal, tangible property. Burglary is classified as a property crime, whereas robbery is considered a violent crime committed against a person. Let our attorneys at The Law Office of Brett H. Pritchard prepare a robust defense strategy to defend your rights and freedom. Some burglary crimes are misdemeanors if the matter is simple and does little in damage. The penalties for burglary depend on the type of the offense: Burglary of any building other than a habitation – up to 24 months in jail. Intentionally and knowingly causes bodily injury or death to the owner or places the owner in fear of imminent injury or death. See all articles. While robbery is considered a violent crime, burglary and theft do not necessarily have to involve violence. The FBI Uniform Crime Reporting (UCR) Program defines burglary as “unlawful or forcible entry or attempted entry of a structure with the intent to commit a felony or theft.” However, in the eyes of the law, these terms describe three different crimes that carry separate penalties. While theft and robbery always involve the intent to steal someone else’s property or money, burglary does not always involve theft. Shoplifting is an example of theft. One major difference between robbery and burglary is that robbery always involves theft, while burglary does not. Burglary of a habitation other than theft: Burglary of a habitation other than theft – that is, the felony that was attempted or committed did not involve theft but another offense – is a first-degree felony punishable by five years to up to life in prison and up to a $10,000 fine. Note: You can face aggravated robbery charges if you (a) cause serious injury to the victim, (b) use, draw, or exhibit a deadly weapon, or (c) the victim is disabled or at least 65 years old. While most robbery cases fall under state jurisdiction, bank robberies fall under federal jurisdiction. If that person did break into the home and commit assault, he could be found guilty of both burglary and assault. Experienced Robbery Defense Lawyers in New Jersey Robbery vs Burglary: The Issue of Weapons The very nature of these types of theft makes robbery more dangerous and more likely to involve a weapon. Burglaryis defined as entering someone else’s home, or another person’s property like a business, with the intent to steal or commit a felonious crime. The crime of burglary, though most often equated with theft, doesn't actually require that a theft occur, or even be intended. Put very simply, someone is guilty of robbery if he steals from a person using force or makes them think force will be used. Copyright © 2021, Thomson Reuters. Another example: if someone bro… Call 254-501-4040 or complete our contact form to receive a free initial consultation. Internet Explorer 11 is no longer supported. Second-degree robbery is punishable by two, three, or five years in prison. You need to use precise terms with law enforcement so … The main difference between these three criminal offenses is the manner in which they are carried out. Here are some of the types of theft offenses: Stealing less than $100 in value: Class C misdemeanor, Stealing less than $100 in value when the offender has a prior theft conviction: Class B misdemeanor, Stealing from $100 to $750 in value: Class B misdemeanor, Stealing from $750 to $2,500 in value: Class A misdemeanor, Stealing from $2,500 to $30,000 in value: State jail felony, Stealing from $30,000 to $150,000 in value: Third-degree felony, Stealing from $150,000 to $300,000 in value: Second-degree felony, Stealing more than $300,000: First-degree felony. If you are facing charges in South Florida for either crime you must contact an experienced criminal defense attorney as soon as possible. Theft In the state of Colorado, you can be charged with theft if you knowingly steal another person’s belongings with the intent to keep this property from the rightful owner. Penalties for the Different Crimes The other crime may involve theft, but it doesn’t necessarily have to. Theft on its own can be as simple as you accidentally left your Xbox on your front lawn and somebody came by and took it. Burglaries are generally felonies and could turn into robbery if the person faces another person and uses fear, force, intimidation or a weapon. But as it turns out, burglary occurs when a person enters a building for the purpose of committing a crime. Burglary becomes robbery when the person in the building becomes involved while larceny could become burglary if the perpetrator breaks into a building. All of the following must be committed and proven to be charged with robbery: Attempting to Take Property: The crime does not have to be successful in the eyes of the law for it to be considered a robbery. Does not have the effective consent of the owner to enter the building or habitation. Theft and burglary don’t require a face-to-face altercation, but a robbery charge indicates that the criminal had contact with the victim. The penalties for theft in Texas depend on the type and value of the stolen property. 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. Theft is the most basic of the three crimes. If you injure the other person, you may also be charged with aggravated assault. Most people use the terms theft, robbery and burglary interchangeably and for the most part, they can be used that way in general conversation. But, the crime of robbery involves the use of force, whereas theft does not. without the … However, the victim does not necessarily have to be harmed in the commission of the offense for the defendant to be charged with robbery. But in some states, larceny may be considered its own criminal offense, occurring when a person unlawfully takes and carries away another person's personal property without consent and with the intent to permanently deprive the owner. A theft occurs any time there in an unauthorized taking of property from another with the intent to permanently deprive that person of the property. In the crime of robbery, the victim must be present. In Florida, theft refers to larceny, misappropriation, conversion, and stealing. Often, the offender is ordered to pay restitution to the person whose property was stolen. For example, theft is a misdemeanor if the value of the stolen property was under $500. Theft. 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). But someone stealing your purse by demanding you hand it over in a threatening way or by violently snatching it away from you would be robbery. You will be charged with theft if you knowingly obtained, retained, or exercised control over anything of value of another person without authorization or by threat or deception; and you: 1. Burglary is a property crime, yet it does not always involve theft. Property. While robbery involves the use of threats and/or physical force to steal someone else’s property, burglary and theft can occur without placing the victim in fear of imminent injury or death. All rights reserved. or viewing does not constitute, an attorney-client relationship. Strictly speaking they are characterized by different meanings. What are the differences between the three? They … Microsoft Edge. Cops Investigating Marijuana Theft, World Trade Center BASE Jumpers Face Burglary Charges, Subway Robbery Suspect's Excuse: 'Jared Diet' Didn't Work. The presence of aggravating circumstances to enhance the punishment. Intended to deprive the other person permanently of the use or benefit of the thing of value; 2. Block on Trump's Asylum Ban Upheld by Supreme Court, Judges Can Release Secret Grand Jury Records, Politicians Can't Block Voters on Facebook, Court Rules. Firefox, or Aggravated robbery (first-degree felony) – up to $10,000 in fines and from 5 years in prison to life imprisonment. If you are facing burglary, robbery, or theft charges, it is vital to contact Lampasas County criminal defense attorney to understand how to proceed with your case. In reports about crimes where money or property are taken, “theft”, “burglary” and “robbery” are terms often used interchangeably. Theft is sometimes known as larceny, petty theft, grand theft, or by similar names, depending on the state in which you live and the circumstances of the crime. Legally speaking, theft is considered when two key criteria are met: Someone’s property was stolen; and Most people associate both terms with theft. This information is not intended to create, and receipt Quality legal services at affordable rates. Although burglary, robbery, and theft are often used interchangeably, there are distinct differences between the three. 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. The definition of “theft” varies significantly between jurisdictions. Robbery and burglary should not be confused with theft. The Difference Between Theft, Larceny, Burglary & Robbery. Rather, the entry merely must merely be unlawful, such as trespass through an unlocked door. The key differences between burglary, robbery, and theft include: Intent to steal property. Acts of violence are also a major difference between these two types of crimes. While theft and robbery always involve the intent to steal someone else’s property or money, burglary does not always involve theft. For a robbery to occur, there must be violence, threat, or intent to threaten. Many people often use the words “burglary,” “robbery,” and “theft” interchangeably when talking about stealing. Although burglary, robbery, and theft are often used interchangeably, there are distinct differences between the three. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Time is of the essence when you have been charged with a violent or property crime. Search, unauthorized taking of property from another, A 1st for Denver? According to Texas Penal Code § 30.02, a person can face burglary charges when he or she: Enters a building or habitation that is not open to the public at the time of the offense; Has the intent to commit an assault, theft, or felony; Commits or attempts to commit the offense or remains concealed in the building or habitation; and. , the crime was actually committed in the building or habitation state of Florida one. With aggravated assault legal advice for any individual case or situation restitution to the person whose was... 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