The difference between larceny and burglary is that larceny is the act of theft or stealing. In contrast, burglary is the act of entering a structure (such as a home or a business) with the intent to commit a crime inside of it. Often times, that intended crime is larceny.
Put another way, it is burglary if you enter a structure intending to steal property inside of it. It then becomes larceny as well if you proceed to steal the property.
1. What is larceny?
State laws usually define larceny as the taking of property that is done:
- without the consent of the owner of the property, and
- with the intent to keep the property as your own (or to give it to someone else).1
An example of larceny is shoplifting. The latter is the crime where you take something from a store without the store owner’s permission, and with the intent to keep the stolen property for yourself.
Larceny also comprises borrowing something and then purposely failing to give it back, thereby depriving the owner of it permanently and “converting” the property for your own use.
Note that some states say that larceny is the same offense as theft. Others say that larceny is one type of theft crime (for example, with embezzlement being another type of theft offense).
2. What is burglary?
The criminal laws of most jurisdictions define burglary as entering a building, structure, or ship with the intent to commit a “crime” once inside.2
As to a “crime,” some states say that the intended crime has to be the theft of property or some felony such as arson or sexual assault. Other states just say that you have to intend to commit any crime, such as vandalism, destruction of property, or assault or battery.
Depending on the statute, burglary may involve “breaking and entering” or another form of unlawful entry – such as crawling in through an unlocked window. Whereas in other statutes, burglary can be accomplished even if you enter the building or vehicle lawfully and without trespassing.
In general, burglary is deemed a more serious offense than larceny. This is because burglary potentially implicates the safety of any people the alleged burglar comes across. Larceny typically involves only the taking of property without people coming into play at all.
3. Can you ever face charges for both larceny and burglary?
You can. There are sets of facts under which a prosecutor can charge you with both larceny and burglary.
Example: Joe lives in a residential neighborhood. He sees a neighbor put a tote of expensive computer equipment in a garage. The following night, Joe breaks into the garage with the intent to steal the tote. He finds the tote in the corner of the garage, grabs it, leaves the garage, and hides the tote in his own home.
Here, a prosecutor can charge Joe with both larceny and burglary. Not only did he enter the garage with the intent to commit a crime, but Joe actually stole the computer equipment.
Note that if Joe broke into the garage but then could not find the tote or had a change of heart, a prosecutor could only charge him with burglary. This is because Joe never actually stole the tote.
4. Are there different levels of larceny?
Most often, yes. Many states carve out two general categories of larceny. These are:
- petit larceny/petty larceny (or petty theft), and
- grand larceny (or grand theft).
The crimes mainly differ in terms of the value of the property that you take. For example, under California law, you commit petty larceny if you steal property that is valued at or below $950. However you would face a grand larceny charge if you took property valued above $950.3
Note that petty larceny is usually charged as a misdemeanor. Grand larceny, however, is often a wobbler offense. A prosecutor can charge a wobbler as either a misdemeanor or a felony.
Both types of larceny can result in such penalties as:
- jail time and/or fines, and
- restitution (compensation to the victim for the stolen property).
5. Are there different levels of burglary?
Most often, yes. Many states divide burglary into different degrees, where the facts of a case will dictate which degree a prosecutor will charge.
Consider Arizona law as an example. Under Arizona law, there are:
- first-degree burglary when you commit burglary and do so while possessing a deadly weapon,4
- second-degree burglary when you commit burglary by entering a residential structure,5 and
- third-degree burglary when you commit burglary by entering a non-residential structure.6
Some states treat any degree of burglary as a felony offense. Other states say that severe forms of burglary are felonies, while less severe cases are wobblers. Home invasion may also carry harsher penalties than burgling a business/office building, vehicle, barn, storage facility, or abandoned structure.
Note that felony burglary is often punishable by state prison time and/or serious fines. In contrast, misdemeanor burglary is often punishable by custody in county jail and/or fines.
The court can also order that the defendant pay restitution for any items stolen or property destroyed.
6. Can a criminal defense lawyer help?
Yes. You should seek legal advice from a criminal defense attorney or law firm if you are facing charges of either larceny or burglary.
Legal help with these charges can take the form of:
- helping you bail out of jail,
- representing you at court hearings on your behalf,
- negotiating with a prosecutor to secure a favorable plea deal,
- ensuring that your criminal record stays clean, and/or
- building a legal defense on your behalf.
Defenses
I have represented thousands of people charged with theft crimes, and common defenses I use to win case dismissals and reductions are:
- you owned the property in question;
- you never intended to keep the property;
- the taking was an accident;
- you had no intention to commit a crime (in burglary cases); and/or
- you were falsely accused or a victim of mistaken ID.
Help for victims
Theft victims can contact their police with reports of stolen property. States also have victims’ assistance programs which may reimburse them for certain types of stolen property.
In addition, victims can sue the suspected thieves and demand compensatory damages and potentially injunctive relief (such as an order to stay away from their property).
Legal References:
- Black’s Law Dictionary, Sixth Edition – “Larceny.”
- Black’s Law Dictionary, Sixth Edition – “Burglary.”
- California Penal Code 484 PC and California Penal Code 487 PC.
- Arizona Revised Statutes 13-1508A. Note that some states reserve first-degree burglary to those burglary cases where there is a use of force or threat of force. See, for example, Revised Code of Washington 9A.52.020.
- Arizona Revised Statutes 13-1507A.
- Arizona Revised Statutes 13-1506A1.