What's the Difference Between Burglary and Theft?

Many people assume that burglary is the same thing as theft. However, they are actually two distinct crimes under U.S law. The key differences are:

• Burglary involves someone entering a physical structure without permission, and with the intent to commit a criminal offense once inside
• A theft occurs when a person takes someone else’s property with the intention of keeping it or disposing of it in some way

Of course, these aren’t the only differences between burglary and theft. The elements of the two crimes differ, as do the penalties for the two criminal offenses.

This article examines two crimes and explains how they differ. It also discusses the penalties and defenses to theft and burglary. If you’re currently facing theft or burglary charges, contact a local criminal defense lawyer. They’ll review your case, walk you through your options, and help protect your rights.

Legal Definition of Burglary

A burglary occurs when someone unlawfully enters a structure with the intention of committing a crime once inside. There is no requirement that the offender actually “break” into the structure, nor does this offense require the use of force.

Burglary doesn’t necessarily involve breaking and entering or bypassing locked doors and windows. A person can be guilty of burglary by walking into a structure through an unlocked door, as long as they don’t have permission to enter.

A crucial element of burglary is that the offender intends to commit a crime within the structure. The offense doesn’t have to be a property crime. A person commits a burglary regardless of the type of crime they plan to commit, be it arson, rape, sexual assault, or any other transgression.

Legal Definition of Theft

The essence of burglary is that the defendant enters a structure without the owner’s consent with the intent to commit a crime inside. Theft, on the other hand, is a simple property crime that involves the act of taking a person’s property with the intent to permanently deprive the owner of it. Some states refer to this type of charge as larceny.

One of the key elements of theft is that the offender actually takes the property away from its owner. Under common law, this meant that a defendant had to physically move the property to a different location. However, many modern statutes have modified or clarified this requirement.

For example, in a grand theft auto case, the offender must move the motor vehicle away from where its owner left it. It’s not enough to sit inside the car and pretend that it’s yours.

Another crucial element of the crime of theft is that the defendant intends to keep or sell the property. If a person takes another person’s property with the intent of returning it, then they are not guilty of theft. They may be guilty of another crime, but their actions would not amount to theft.

Key Differences Between Burglary and Theft

While theft and burglary are two distinct crimes, a person can be guilty of both offenses at the same time. Someone who enters another person’s home with the intent of stealing the owner’s jewelry, credit cards, or electronics can face charges for both crimes. Entering the structure means the perpetrator has committed burglary. Taking property that belongs to someone else constitutes theft.

While it’s true that most home invasions and residential burglaries involve theft of some kind, burglary and theft are two very different crimes. There are several key differences between theft and burglary, including:

• Burglary is typically charged as a felony offense, while theft can be a felony or misdemeanor based on the value of the stolen items
• Burglary can occur without committing a theft, and vice versa
• Criminal penalties for burglary are significantly more severe than those for theft (even grand theft) and carry a lengthier prison sentence
• Theft is a property crime, while burglary is a location-based crime
• Burglary requires that you enter a structure without permission, while theft, such as shoplifting, can happen even if you’re lawfully present in a retail store

Penalties for Theft and Burglary

As mentioned above, the criminal penalties for theft and burglary differ significantly, depending on state law. The penalty for theft depends on several factors. Primarily, it depends on the type of theft a person commits. Someone who steals a motor vehicle (grand theft auto) will likely face more serious penalties than someone who steals a bracelet worth $5 (petty theft). It also depends on whether the defendant has a criminal record.

Theft penalties also depend on the severity of the offender’s behavior. If prosecutors can prove that the defendant had a deadly weapon on them at the time of the theft, the penalties will be more severe.

Penalties for theft often range from a fine and up to one year in jail to a prison sentence of up to 15 years. A theft conviction can also result in substantial fines, probation, and community service.

When it comes to first-degree burglary, the penalties are much more severe. A person guilty of burglary faces up to 25 years in prison. It depends on the jurisdiction, the defendant’s criminal history, and the underlying crime committed while the person is in the structure.

Defenses to the Criminal Offenses of Theft and Burglary

As with any other crime, there are defenses to burglary and theft. The specific defenses you can raise in court depend on your state laws. It’s up to your legal team to determine which defense strategy to employ.

Defenses to a burglary charge include:

• Lack of intent
• Mistaken identity
• Actual innocence
• Permission to enter the structure
• Entrapment

Your criminal defense lawyer will craft a defense that meets the facts of your case. The same applies to a theft charge.

The following are potential theft defenses:

• No intent
• Rightful ownership
• Entrapment

Your theft lawyer will examine the state’s evidence and determine which defense will work best. Keep in mind that criminal laws vary significantly by state, so it’s best to consult an attorney to determine what defenses might be available in your case.

Seek Legal Advice From a Seasoned Criminal Defense Lawyer

If you’re facing charges of theft, burglary, or any other criminal charge, consult a local criminal defense attorney. Your defense attorney will devise a strong defense strategy to achieve the best possible outcome, whether it’s an acquittal or a favorable plea bargain.