What's the Difference Between Burglary and Robbery?

In this article, we’ll explain the elements of robbery and burglary as well as their potential penalties. While we’ll discuss general legal principles, be aware that specific definitions, elements, and penalties vary by state and jurisdiction. If you’re facing either charge, contact a criminal defense attorney​ to understand your legal options.

What Is Robbery?

Under federal law​ (specifically the Hobbs Act, which addresses robbery affecting interstate or foreign commerce), prosecutors must prove the defendant is guilty of several specific elements beyond a reasonable doubt to secure a robbery conviction:

• Taking of property that belonged to someone else
• Taking property from the victim’s person or immediate presence.
• Taking property without the victim’s consent
• Using the threat of force, violence, or intimidation to accomplish the taking, which elevates the crime from theft or larceny​ to robbery (threat of violence or intimidation can range from physically grabbing someone to threatening them with a deadly weapon)
• Intent to permanently deprive the owner of their property

State robbery statutes​ may vary in their specific requirements, but follow similar principles.

What Is Burglary?

Burglary is the unlawful entry into a structure with the intent to commit a crime inside. To prove burglary, prosecutors must establish these key elements:

• The defendant must enter or remain in a structure without permission, which includes breaking in, entering through an open window, or staying behind​ in an establishment after the owner asked you to leave
• The entry must be in a defined structure, which varies by state
• The defendant must have the criminal intent to commit a crime at the time of entry, which serves as the crucial element that distinguishes burglary from simple trespass

The intended crime does not have to be theft for it to be a burglary charge. It could be assault, vandalism, or another criminal offense. Contrary to popular belief, there does not need to be a literal “breaking and entering” involved. Coming in through an unlocked door can also constitute burglary if the person did so with the intent to commit a crime.

What Are the Key Differences Between Robbery and Burglary?

While both are property crimes, robbery and burglary have distinct characteristics that make them different crimes. Let’s look at what differs between them.

Element of Force

The crime of robbery​ requires the use of force or intimidation, but burglary does not. For example, if a person enters a store, threatens a cashier with a weapon, and forces them to hand over cash, this is robbery because it involves taking property through threat or intimidation.

Burglary can be committed by simply entering a building with the intent to commit a crime. The offender does not need to use force or have a confrontation.

Victim Presence

Another distinguishing factor is the presence of a victim during the commission of the crime. Robbery involves a direct confrontation with a victim and requires that property be taken from the victim’s person or immediate presence. Burglary does not require the presence of a victim.

For instance, a person who breaks into a house while the homeowner is on vacation and steals jewelry commits residential burglary, not robbery. If the homeowners are home and the intruder threatens them with a weapon before taking their property, it’s robbery.

Completion Requirements

The crime of burglary is complete when a person unlawfully enters a property with the intent to commit a crime. Even if the person did not steal anything, they could still be charged with burglary. In some jurisdictions, attempted burglary is also a distinct crime that can be charged even if the person does not successfully enter the property.

For example, if your landlord evicted you from your apartment and you break back in with the intent to vandalize the property​, this could be charged as burglary. The prosecution would have to prove that you actually took someone’s property with intimidation, force, or against the owner’s will for it to be robbery.

Penalties for Robbery and Burglary

Both crimes of robbery and burglary carry serious legal consequences that can affect your future. Understanding the potential penalties is crucial, so let’s examine the punishments.

Robbery Penalties

Robbery is considered a violent crime. This makes it a felony charge in most instances. It can result in a life sentence if aggravating circumstances are present.

For instance, a federal bank robbery​ charge could result in up to 20 years of imprisonment. However, if during the robbery or while attempting to commit it, the perpetrator assaults a person or threatens another with the use of a weapon or device, it aggravates the criminal charge. This could result in up to 25 years​ of imprisonment. In most armed robbery cases, the court may also increase the fines and penalties imposed.

Some state laws classify robbery into different degrees with different penalties. For example, California law contains statutes for both first-degree robbery and second-degree robbery. First-degree robbery is punishable by up to nine years in state prison. Robbery of the second degree is punishable by up to five years.

Burglary Penalties

The penalties for burglary also vary by jurisdiction and the degree of the offense. In most cases, state laws have three varying degrees of burglary. Understanding the types of burglary charges is important for anyone facing these charges.

In New York, there are first-, second-, and third-degree burglary charges. First-degree burglary carries a maximum prison sentence of up to 25 years, second-degree burglary up to 15 years, and third-degree burglary up to seven years.

If you or someone you know is facing any of these criminal charges, it’s a good idea to seek legal advice. Remember that these charges could carry a potential prison sentence and fines. It is crucial to protect your rights.

Related Theft Crimes

There are other theft crimes related to burglary and robbery. Let’s take a quick look at them.

Petty Theft

Petty theft​ refers to the unlawful taking of personal property that is of relatively low value. Each state may impose a different value threshold, and courts often charge this crime as a misdemeanor. In most cases, petty theft involves shoplifting from a retail establishment.

Grand Theft

Grand theft​ is the unlawful taking of personal property valued above a certain threshold. For example, in Florida, if a person takes property valued at $750 or above, the state law classifies the act as grand theft. Taking property valued at less than $750 is petty theft.

Some state laws use different terms for these crimes. For example, California​ uses petty theft, petit theft, or grand theft. Texas​ uses “theft,” but in varying degrees. New York​ and Florida​ use terms such petit larceny or grand larceny.

Facing Criminal Charges? Seek Legal Advice

If you are facing burglary or robbery charges, it is crucial to consult a criminal defense attorney. It is important to remember that this criminal charge could bring life-altering consequences. Therefore, it is essential to navigate it with professional guidance. A criminal defense lawyer​ can evaluate the facts surrounding your case, examine potential legal defenses, and help you decide on your best legal options.