The Difference Between Theft, Robbery, and Burglary

Unless you attended law school, the difference between theft, robbery, and burglary can be confusing. There’s a general idea that they all involve someone stealing something, but each have their own nuances. In addition, because they are different, they carry distinct punishments.

What Is the Difference Between Theft, Robbery, and Burglary?

In an attempt to help you better understand these charges, below is an overview of the differences between these three crimes.

Theft

Theft occurs when a person steals the property of another, when the owner of the property is not present.

If the stolen property is valued at $100,000 or more, or if the perpetrator uses a motor vehicle to assist in committing the theft, the crime is considered grand theft in the first degree, punishable by up to 30 years in prison and a fine up to $10,000.

If the stolen property is valued at $20,000 or more, but less than $100,000, the crime is grand theft in the second degree, punishable by up to 15 years in prison and a fine up to $10,000.

If the stolen property is valued less than $20,000, the theft is a felony in the third degree, punishable by up to five years in prison and a fine up to $5,000.

Robbery

Robbery entails taking the property of another person from them, by force or threat of force. If the perpetrator doesn’t have a weapon during the commission of a robbery, the crime is a felony in the second degree, punishable by up to 15 years in prison and a fine up to $10,000.

If the perpetrator uses a firearm or other deadly weapon, the crime becomes a felony in the first degree, punishable by up to 30 years in prison and a fine up to $10,000.

Burglary

Burglary is the breaking and entering into the property of another person, for the purpose of committing a crime inside.

If the perpetrator commits assault or battery while committing the burglary, it’s a felony in the first degree, which means the punishment is imprisonment of up to 30 years and a fine up to $10,000. The same applies if the burglar brings any explosives or dangerous weapons to commit the burglary.

If the burglar doesn’t commit assault or battery or bring in explosives or a dangerous weapon, the crime is a second-degree felony, punishable by up to 15 years in prison and a fine up to $10,000.

If the criminal breaks into an empty building (as in, the owners are not home; not an abandoned building), the burglary is a third-degree felony, punishable by up to five years in prison and a fine up to $5,000.