Theft, robbery, and burglary share some similarities but are very different crimes. The least serious of these three offenses is theft, a crime against property and sometimes called larceny. Robbery is generally the most serious offense of the three because it’s considered a crime of violence. Burglary falls somewhere in between.
This article will review the legal definitions of these crimes and how states generally penalize them.
What Is Theft?
Theft is a property offense.
Understanding Theft
A person commits theft by taking another’s property without consent and with the intent of permanently depriving the owner of the property or its use. Theft crimes can occur in several ways. A person can take another’s property by physically stealing it or through deception or deceit. The person doesn't need to intend to keep the property for themselves. It’s a theft as long as the person intends to deprive the owner of their property. For instance, a person who takes another’s car without consent and ditches it miles away has committed theft.
Examples of theft include shoplifting, embezzlement, misappropriation, auto theft, and receiving stolen property.
Penalties for Theft
States typically penalize theft crimes by the value or type of the stolen property involved. Every state classifies theft offenses differently, but often theft crimes start as misdemeanor offenses, punishable by less than a year in jail. These low-level theft offenses (often called petty theft) might apply when the value of the stolen property is less than say $500 or $1,000.
As the property value increases, the penalties increase. Stealing something worth $1,000 to $5,000 might be a 5-year felony, while anything stolen with a value over $5,000 could carry a 10-year felony sentence. States also commonly impose felony penalties for certain items regardless of their value. For instance, it might be a felony to steal a gun or car valued at less than $500. Felony offenses generally mean possible state prison time (rather than local jail time). However, because theft isn’t considered a violent crime, a judge might allow probation rather than straight prison time.
In most theft cases, judges will also impose fines and restitution orders. Restitution payments compensate the victim for their losses.
What Is Robbery?
Robbery is a crime of violence. It can also be called a theft-plus crime—the “plus” being violence.
Understanding Robbery
A person commits robbery by stealing property from a person by the use of force or threat of force. A common example is bank robbery—going up to a bank teller and threatening to shoot them if they don’t hand over cash. Another example is carjacking. If a person steals a car by pointing a gun at the driver, the person commits a robbery. Forcibly pulling someone from their car and stealing it is also robbery. Had the person stole the car while it was parked on the street and no one was around, the person committed theft.
Penalties for Robbery
Because robbery is a violent crime against a person, a conviction often comes with stiff felony penalties. A sentence for robbery could range anywhere from 10 to 30 years or more in prison. Getting probation for robbery isn’t likely without spending at least some time behind bars. The harshest penalties apply to armed robberies involving the use of a deadly weapon or the threat of using a deadly weapon. Injuring a victim will also result in severe penalties.
What Is Burglary?
Burglary offenses involve harm to the safety of both property and persons.
Defining Burglary
A person commits burglary by unlawfully entering or remaining in a structure with the intent of committing a crime inside. Often, the intended crime is theft or robbery but, generally, any crime will do (for instance, sexual assault, battery, or unlawful restraint). A person doesn't need to complete the intended crime to be convicted of burglary. If a person pushes open a kitchen window and snatches a purse off the counter, they've committed burglary even if they get scared off and immediately drop the purse.
Penalties for Burglary
Burglary can be either a crime of violence or a property crime. If a person breaks into an unoccupied shed to steal tools, the offense is a property crime. As a property crime, this offense might carry misdemeanor or low-level felony penalties.
However, as the threat of bodily harm increases, burglary penalties also increase. Breaking into an occupied home with a weapon generally represents the highest threat of harm. This conviction could mean a possible felony sentence of 20 years or more. For burglaries involving unoccupied buildings or structures, penalties might range from 5 to 15 years in prison, depending on the type of structure and intended crime.
How Burglary, Robbery, and Theft Offenses Get Confused
The terms burglary, robbery, and theft tend to get interchanged in everyday speech. But burglary is often the most misunderstood.
Burglary vs. Robbery
Burglary is often confused with robbery. For instance, many people associate a burglary of their home with a robbery. Say homeowners come home to find all their jewels missing. Most would say they’ve been robbed when, actually, the house was burglarized. Robbery requires the perpetrator to steal property from a person.
Burglary vs. Theft
Burglary offenses also tend to get wrapped up with theft. Originally, burglary crimes were defined as breaking into someone’s house at night to steal something. But this limited definition has been broadened under modern-day laws. In most states, burglary includes unlawfully entering any structure (home, tent, office) at any time (not just night) with the intent of committing a crime (which could be theft or another crime like assault or harassment).
Getting Legal Counsel
Regardless of whether you're charged with misdemeanor theft or felony armed robbery, it's best to get a criminal defense lawyer to represent you. Your lawyer can evaluate the facts of your case, develop a defense strategy, and protect your constitutional rights.