Robbery vs Burglary – What is the Difference?

Posted on February 8, 2021

While robbery occurs when a person takes someone else’s property by force or fear, a person commits burglary by 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, 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 (like first-degree and second-degree).

In 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 state’s 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.[i]

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.[ii]

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

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.[v]

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.[vi]

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.[vii]

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.[viii]

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).[ix]

Many states say that all burglary offenses are always a felony 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 the two crimes?

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.

No matter if a person is charged with robbery or burglary, it is critical that he/she seeks the help of a criminal defense attorney. While an accused can challenge these different crimes with a legal defense, it takes a skilled criminal defense lawyer to establish the best defense.

Further, a lawyer or law firm will also provide the precise legal definitions and legal advice for the specific crime charged. Note that most communications with an attorney are protected by the attorney-client relationship. This means that any potentially embarrassing facts can remain out of the public domain.

What is the law in California?

California Penal Code 211 PC defines the crime of robbery as “the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.”[x]

The state divides the offense into two degrees.

First-degree robbery includes the robbery of:

• any driver or passenger on a bus, taxi, streetcar, subway, cable car, etc.,
• any person in an inhabited structure, or
• any person who has just used an ATM and is still in the vicinity of the ATM.[xi]

Second-degree robbery is essentially all other forms of robbery.

First-degree robbery is a felony punishable by custody in state prison for up to nine years.[xii]

Second-degree robbery is a felony punishable by custody in state prison for up to five years.[xiii]

Under Penal Code 459 PC, the state of California defines the serious crime of burglary as entering any commercial or residential structure or locked vehicle with the intent to commit grand theft, petty theft, or any felony.[xiv]

State burglary law is divided into first-degree and second-degree.

First-degree is the burglary of a residence. Second-degree is the burglary of any other type of structure (including stores and businesses).[xv]

First-degree burglary is always a felony. The potential consequences include a state prison sentence of up to 6 years.[xvi]

Second-degree burglary is what is known as a wobbler under California law. This means that it may be charged as either:

• a felony, with a potential county jail sentence of up to three years, or
• a misdemeanor, with a potential county jail sentence of up to one year.[xvii]

Note California law recognizes two different types of theft crimes:

• petty theft, and
• grand theft.

The determination as to which type of theft gets charged just depends on the value of the property taken.

Under Penal Code 484 PC, California law defines the crime of petty theft as wrongfully taking or stealing someone else’s property when the value of the property is $950.00 or less.[xviii]

Under Penal Code 487 PC, California law defines grand theft as unlawfully taking someone else’s property valued at $950.00 or more.[xix]

Petty theft is a misdemeanor offense. The crime is punishable by imprisonment in county jail for up to six months.

Grand theft is a wobbler that can be charged as either a misdemeanor or a felony. It carries a maximum sentence of up to 3 years of inc

[i] Black’s Law Dictionary, Sixth Edition – “Robbery.” See also People v. Eddy, 268 P.2d 47 (1954).

[ii] RCW 9A.56.200.

[iii] RCW 9A.56.210

[iv] See, for example, RCW 9A.56.190.

[v] See, for example, Texas Penal Code 29.03.

[vi] Black’s Law Dictionary, Sixth Edition – “Burglary.”

[vii] See same. It is also a defense if an accused can show that law enforcement arrested him/her after an unlawful search or seizure.

[viii] Indiana Code 35-43-2-1 (2017).

[ix] See, for example, RCW 9A.52.025.

[x] California Penal Code 211 PC.

[xi] California Penal Code 212.5 PC.

[xii] California Penal Code 213 PC.

[xiii] See same.

[xiv] California Penal Code 459 PC. Note that the statute does not apply to vehicles with unlocked doors. Further, Burglary is distinct from California’s shoplifting law in Penal Code 459.5 PC. This law says shoplifting occurs when a person enters an open business, with the intent to steal merchandise worth $950 or less.

[xv] California Penal Code 460 PC.

[xvi] California Penal Code 461 PC.

[xvii] See same. See also California Penal Code 1170h PC.

[xviii] California Penal Code 484 PC.

[xix] California Penal Code 487 PC.