Most states say that a person is guilty of robbery if he/she: takes money, property, or something of value from another person, commits the taking when the property is in the possession of another party, or in that party’s immediate presence, takes the property against the party’s will, and commits the taking by use of force, a threat of force, or a threat of violence.

Most jurisdictions agree that a person is guilty of burglary if he/she: enters a building or occupied structure, and does so with the intent to commit a theft or felony.

Robbery vs Burglary – What’s the Difference?

Posted on August 2, 2022

Robbery vs Burglary: What's the Difference?

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Robbery and burglary are related but different crimes.

Robbery occurs when a person takes someone else’s property by force or fear.
Burglary is entering a structure with the intent to steal or to commit another crime inside of the structure.

Robbery, then, involves the actual taking of a person’s property and the use of force or fear, whereas burglary just requires the intent to take a person’s property (or the intent to commit some additional crime).

Many jurisdictions define robbery as

the felonious taking of property,
that is in the possession of another,
from his/her person or immediate presence, and
against his will, accomplished by means of force or fear.

Some jurisdictions classify the crime into different degrees (first-degree and second-degree).

By contrast, most states define the crime of burglary as entering any commercial or residential structure or locked vehicle with the intent to commit theft or some additional crime once inside.

Theft is a separate and distinct crime from both robbery and burglary. A person commits the offense by taking another person’s property without that person’s consent. Some jurisdictions refer to theft as “larceny.”

What is robbery?

Most states say that a person is guilty of robbery if he/she:

takes money, property, or something of value from another person,
commits the taking when the property is in the possession of another party, or in that party’s immediate presence,
takes the property against the party’s will, and
commits the taking by use of force, a threat of force, or a threat of violence.¹

Robbery is typically considered a type of violent crime.

Some jurisdictions classify the offense into different degrees, like

robbery in the first degree, and
robbery in the second degree.

For example, Washington State says that robbery in the first degree is charged when an accused commits robbery and also:

is armed with a deadly weapon,
displays a firearm or deadly weapon,
causes bodily injury while committing the crime, or
robs a financial institution.²

Robbery in the second degree is essentially a robbery that does not meet the qualifications of robbery in the first degree.³ Washington law defines robbery in roughly the same manner as set forth above.⁴

Other states make a distinction between:

robbery, and
armed robbery.

The latter occurs when a person commits robbery and either:

uses or exhibits a weapon that can cause death, or
causes bodily injury to someone.⁵

Robbery is a felony offense. Depending on the facts of the case and state laws, a robbery charge can lead to:

life in state prison, and/or
substantial fines.

What is burglary?

Most jurisdictions agree that a person is guilty of burglary if he/she:

enters a building or occupied structure, and
does so with the intent to commit a theft or felony.⁶

It is usually a criminal defense if the burglar can show that the property that he/she entered was abandoned at the time of the alleged offense.⁷

As with robbery, some states classify burglary into varying degrees and levels.

For example, Indiana actually has five possible levels of burglary – with level one being the most severe. According to Indiana’s criminal laws:

Level 5 burglary is the basic definition of burglary given above,
Level 4 burglary occurs if the defendant entered a building that was a dwelling,
Level 3 burglary takes place when the criminal act committed resulted in physical harm to someone else,
Level 2 burglary happens when the defendant committed the crime while armed with a deadly weapon, or caused serious bodily harm to another, and
Level 1 burglary occurs when the accused entered a building that was a dwelling and caused serious bodily injury to someone.⁸

States differ on whether “breaking and entering” (forcible entries) is a required element of burglary.

In addition, most jurisdictions provide a separate law regarding “residential burglary.” This is when:

there is an unlawful entry into someone’s dwelling, and
the person entering does so with the intent to commit a crime (while not a type of theft or a felony).⁹

Many states say that all burglary offenses are always felonies that are punishable by state prison terms and/or significant fines.

Other jurisdictions say that lesser forms of burglary can be charged as either a misdemeanor or a felony. Misdemeanor forms of burglary carry less severe penalties, like custody in jail for up to six months or one year.

Masked man burgling a house - robbery is distinguished from burglary by the use of force or fear

Unlike robbery, burglary does not require a taking.

What is the difference between robbery and burglary?

The main difference between robbery and burglary is that the first crime involves the actual taking of someone else’s property. Burglary simply requires that someone enter a structure with the intent to take something.

Also, robbery requires that a person act with some type of force or threat of force or violence. A person can commit burglary, in contrast, without exhibiting any type of aggressive or threatening behavior.

The crime just requires that someone enters a structure with the intent to steal.
There is no focus on the person’s behavior or level of hostility.

Note that if a person casually strolls into someone’s home with the desire to take something, he/she has committed burglary. But if during that time the owner of the home returns, and the person takes something and threatens to harm the owner, then the person has committed both burglary and robbery.

In short, robbery is a violent offense whereas burglary is a property offense. In practice, police have an easier time solving robbery cases because there was a witness. Burglary often happens without the victims seeing it.

For further discussion, see our article on theft vs robbery.

Legal References

Black’s Law Dictionary, Sixth Edition – “Robbery.” See also People v. Eddy, 268 P.2d 47 (1954).
RCW 9A.56.200.
RCW 9A.56.210.
See, for example, RCW 9A.56.190.
See, for example, Texas Penal Code 29.03.
Black’s Law Dictionary, Sixth Edition – “Burglary.”
See same. It is also a defense if an accused can show that law enforcement arrested him/her after an unlawful search or seizure.
Indiana Code 35-43-2-1.
See, for example, RCW 9A.52.025.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.