If you commit a crime, you will want to know that your charges match the crime, because burglary and robbery have penalties that vary from one another. The crime of robbery is committed when you take something of value from someone else. Some of the elements of this kind of crime include:. This is not the same as burglary for a few reasons. Primarily, it is because burglaries don't actually involve having other people present during the crime.
This type of crime requires you to:. Many people think that you have to forcibly enter a property to be accused of burglary, but today's outlook on criminal law is different. Burglary statutes are wider-reaching and now the state that you commit burglary if you, without permission, enter any kind of building or home with the intent to commit a crime inside.
This can happen at any time of the day. If someone gets hurt during a burglary or robbery, then you may be at risk of facing enhanced penalties. There are crimes called aggravated offenses, which are usually heightened with steep penalties due to others being hurt or killed during a theft.
These kinds of harsh penalties are why it's smart to get legal advice from an attorney if you have been accused of robbery or burglary offenses. Both can lead to harsh penalties for you regardless of which state you're in. Force and fear make a difference in robberies and burglaries. For example, with a burglary conviction, you don't normally have to interact with anyone. Force isn't necessary for a burglary charge, so if you just walk into an open door and go onto someone else's property, that could be enough to build a case against you.
Robberies are not the same. Robbery Robbery, like theft, involves taking someone's property without the owner's consent, but it has some elements that theft doesn't require. A person can only commit robbery by taking something from someone else.
This includes taking property that someone else is holding or has on their person like money or a diamond ring , as well as taking property that is within the victim's control.
Property within someone else's control includes, for example, property located in a safe that a convenience store employee can access. Forcing a driver and passengers out of a vehicle under their control is another form of robbery, sometimes referred to as carjacking. States consider robbery a crime of violence, but that doesn't mean the victim has to suffer any type of physical injury.
It's enough to commit robbery if you use any type of force or threat of force to take property from someone's person or under their control like in the store safe example. Burglary Though burglary can involve theft, one doesn't necessarily have to take any property to be convicted of this crime. In past years, burglary crimes most often targeted breaking into someone else's home or dwelling. Today, burglary laws are much broader. A person can commit burglary by unlawfully entering any structure , building, and sometimes a conveyance like a vehicle with the intent to commit a crime inside.
For purposes of burglary laws, a "structure" generally includes nonresidential buildings, offices, sheds, places of worship, warehouses, trailers, and even temporary structures such as tents. Some people mistakenly believe a destructive or forceful breaking like busting a door jam or window must occur in order to be charged with burglary, but that isn't the case.
A person can commit a burglary even if the only force used to enter a building is pushing open a door or slightly lifting an already unlocked and open window. Also, a person can be convicted of burglary even if they don't completely enter into a structure. Burglary might occur even if the property is not removed from an area; breaking in or trespassing with the intent to steal is enough to result in a burglary charge.
Robbery happens when a key feature—force—is added to stealing. Whether you are confronted with a charge of theft, burglary, robbery, or some combination of these actions, you have a right to legal counsel. The knowledgeable lawyers at Hart Powell, S. In many areas, theft is referred to as larceny, and the terms are interchangeable. Similar to theft, larceny is the taking of property with the intent of depriving the owner of its use. Some jurisdictions may have slightly different definitions of larceny and theft, or they may be used interchangeably.
Petty or simple larceny is usually a misdemeanor and involves theft of property less than the local threshold for grand larceny, while grand larceny is typically a felony. Often classified as a violent crime, robbery is the theft of property from a person using force or the threat of force. The property must be taken from a person to be considered a robbery, but physical violence or injury is not required. The simple threat of force is enough for the crime to be considered a robbery. Burglary involves breaking into and entering a structure in order to commit a crime, such as theft.
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