Robbery vs Burglary – What’s the Difference?

Posted on May 23, 2023

Robbery and burglary are related but different crimes. Robbery occurs when a person takes someone else’s property by force or fear. Burglary, by contrast, is entering a structure with the intent to steal or to commit another crime inside of the structure.

What is robbery?

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

1. takes money, property, or something of value from another person,
2. commits the taking when the property is in the possession of another party, or in that party’s immediate presence,
3. takes the property against the party’s will, and
4. 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.

Degrees of robbery

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

Armed robbery

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

Penalties

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:

1. enters a building or occupied structure, and
2. 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

Types of burglary

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:

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

Penalties

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.

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 sum…

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.

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.”

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

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Legal References