Burglary vs. Robbery: Charges and Penalties
Burglary is entering a building or structure unlawfully with intent to commit a crime inside; nothing has to be taken and no one has to be present. Robbery is taking property from a person by force or threat of force. Theft or larceny is taking property without force. Burglary and robbery are usually felonies, and armed robbery or burglary of a home is punished most severely.
People often use "robbed" to mean any theft, but the law draws sharp lines between burglary, robbery and theft.
The key differences
| Offense | Core elements | Force needed? | Victim present? |
|---|---|---|---|
| Theft (larceny) | Taking property without permission, intending to keep it | No | Not required |
| Burglary | Unlawful entry into a building or structure with intent to commit a crime inside | No | Not required |
| Robbery | Taking property from a person or their presence by force or threat | Yes | Yes |
Sources: Cornell LII definitions of burglary, robbery and larceny.
Burglary
- The intended crime can be theft, assault, vandalism or another offense.
- Entry can be minimal, such as reaching through a window.
- Breaking a lock is not required in many states; walking through an open door can count.
- Degrees: burglary of an occupied home, at night, or while armed is usually the most serious degree.
Robbery
- Force or fear is what makes it robbery; snatching a purse with a struggle can qualify.
- Armed robbery involves a weapon, real or sometimes simulated, and carries much higher penalties.
- Robbery that causes injury is also aggravated in most states.
- Robbery affecting interstate commerce, such as at a business, can be prosecuted federally.
Penalties
Burglary and robbery are typically felonies. Penalties depend on the degree and the defendant's history, ranging from probation in some lower-degree burglary cases to long prison terms for armed robbery. Many states treat robbery and residential burglary as violent or serious felonies under repeat-offender laws.
Related charges
- Criminal trespass: entering without intent to commit a crime; see criminal trespassing
- Possession of burglary tools
- Receiving stolen property
- Carjacking: robbery of a vehicle, often a separate offense
Common defenses
- Mistaken identity, especially in cases based on eyewitnesses
- No intent to commit a crime at the time of entry (which may reduce burglary to trespass)
- Permission to enter
- No force or threat (which may reduce robbery to theft)
- Unlawful search or suggestive lineup
Can charges be reduced?
Yes, often through negotiation to a lower degree or a different offense. A criminal defense lawyer can evaluate the evidence and options. See also how serious is a theft charge.
Sources
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.