“Theft” vs “Robbery” – What’s the Difference?

The difference between theft and robbery is that theft is merely stealing someone’s property, whereas robbery is using force or fear to take property from a person’s immediate possession. So theft is a less serious property crime. Robbery is a more serious violent crime.

Most jurisdictions say that theft can lead to misdemeanor or felony charges depending on the facts of the case. Robbery, however, is usually charged as a straight felony.

1. Theft Defined

Most state laws define the crime of theft as the offense where you:

1. take someone else’s personal property, and
2. do so without the property owner’s consent.¹

Theft is sometimes referred to as “larceny.” See our page on larceny vs burglary for more discussion.

Most states recognize two types of theft. These are:

• petty theft, and
• grand theft.

The difference between the two usually depends on the value of the property that you took.

For example, under Nevada law, you commit petty theft (also referred to as petit larceny) when you steal property valued at less than $1,200.00.²

But you commit grand theft in Nevada if the value of the stolen property is $1,200.00 or more.³

While a petty theft charge is generally filed as a misdemeanor, most jurisdictions treat grand theft as a wobbler. A wobbler is an offense that a prosecutor can charge as either a misdemeanor or a felony, depending on:

• the facts of the case, and
• your criminal record.

Penalties for both types of theft can include:

• jail time, and
• fines.

2. Robbery defined

Most states say that you commit the crime of robbery when you:

1. take another person’s money or property,
2. do so against that person’s will, and
3. accomplish the taking by means of force or fear.⁴

In other words, you commit robbery when you commit a forceful or threatening theft or injure someone in the course of a theft.

Many states set forth different degrees of robbery. A prosecutor will charge you with a particular degree, depending on the facts of your case.

For example, under California law, you commit first-degree robbery if you rob any:

• driver or passenger of a bus, taxi, streetcar, subway, or cable car,
• person in an inhabited structure, or
• person who has just used an ATM and is still in the vicinity of the ATM.⁵

In contrast, you commit second-degree robbery in California if you commit a robbery that does not meet the qualifications of first-degree robbery.⁶

Note that states may also recognize a form of “aggravated” robbery. This is where you commit a robbery and you either:

• are armed with a deadly weapon, or
• strike or wound the person robbed.⁷

All robbery charges are usually filed as straight felonies and are often punishable by a jail or state prison sentence. Criminal charges involving first-degree robbery or armed robbery are more severe charges that will lead to longer jail/prison sentences.

3. Burglary Distinguished

Yes. Burglary is a different offense than the crimes of theft and robbery.

The criminal laws of most states say that you commit the crime of burglary when you:

1. enter a building or structure, and
2. do so with the intent to commit a theft or felony once inside.⁸

As with robbery, many states recognize different degrees of burglary. A prosecutor will charge a particular degree depending on the facts of your case.

For example, under Arizona law, you commit:

• first-degree burglary when you commit a burglary while possessing an explosive, a deadly weapon, or a dangerous instrument,⁹
• second-degree burglary when you commit burglary and do so while unlawfully entering a residential structure,¹⁰ and
• third-degree burglary where you commit burglary and do so while in a non-residential structure or commercial yard.¹¹

Most jurisdictions say that a burglar can be charged with either misdemeanor or felony charges depending on the facts of the case.

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