Today, though, burglary statutes are generally much broader. Normally, someone can commit burglary by simply entering any type of building without permission at any time of day while intending to commit a crime once inside. As you can see above, robbery and burglary have distinct elements. For instance, one crime doesn't have to involve a building, while the other does. Below are a couple other key differences. Although burglary often involves theft , a person doesn't have to steal anything to be convicted of the crime.
Robbery, on the other hand, almost always involves theft—the defendant takes or tries to take something from the victim. Under many burglary laws, the intended crime must be a felony or some form of theft, but some states say that a person who enters a building without permission and intends to commit any crime inside is guilty of burglary.
For instance, illegally entering a building with the intent to commit an assault can be the basis for a burglary conviction. Burglary and robbery also differ when it comes to the use of force. Force, whether against a person or to get into a building, generally isn't required for a burglary conviction.
Robbery, though, necessarily involves the use of force—or at least intimidation—against another person. In order to be convicted of robbery, someone must use violence or the threat of violence to take something of value directly from another. For example, suppose a man armed with a knife demands money from a gas station attendant and then runs away with the cash.
The man has just committed robbery because he used the threat of force to steal money directly from the victim. As with the definitions of robbery and burglary, penalties vary by state. Generally, though, both are considered serious crimes and convictions can result in stiff punishments.
Most states divide robbery and burglary offenses into degrees of severity, depending on factors such as whether a weapon is involved or the crime results in someone getting hurt. In most states, robbery is always a felony. A robbery conviction can result in significant prison time and hefty fines, especially if the crime involves a weapon. As with robbery, in most cases burglary is a felony.
State laws tend to divide burglary into different levels of seriousness, depending on such factors as:. Again, criminal statutes and penalties can vary widely by state. For more information on burglary and robbery, and to learn about the laws in your area, consult an experienced criminal defense attorney.
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Conditional caution 5. Penalty notices — fixed penalty notices and penalty notices for disorder 6. For example, if your friend gives you her bicycle because you asked to borrow it, this isn't theft.
However, it is theft if you ask to borrow the bicycle and intend not to return it. To commit a theft, the person must take property with the intent to permanently deprive the owner of it, at the time of taking. A permanent deprivation means not intending to return the property ever or for such an extended period of time that it loses its value to the owner. 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.
For example, lifting up a window and extending an arm, or an object, to take something from inside is enough to commit a burglary.
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