The main difference between robbery and burglary is that burglary involves entering a structure with the intent to commit a theft or some other crime. Robbery does not necessarily involve entering a structure. Instead, robbery is the crime of stealing someone else’s property by means of force or fear. Both are generally treated as felony offenses.
Burglary
Burglary is generally the crime of entering a building with the intention of committing a crime once inside.[1] This makes it a property crime.
However, the criminal laws in many states have nuanced differences. Many of these differences are reflected in the different degrees of burglary. The following are some of the most important variations.
Entering versus breaking and entering
It used to be the case that burglary required you to break into the building. Forcible entry is no longer required under most state laws. Now, merely entering is enough to commit burglary.[2]
That unlawful entry into the building can be slight and only momentary.[3]
Additionally, many states forbid unlawfully remaining on the premises.[4]
Intent to commit a crime
In order to be burglary, you have to intend to commit a crime once inside. What type of crime is sufficient depends on the state. States can prohibit intending to commit:
- a felony,[5]
- a theft or other type of felony,[6]
- any criminal offense,[7] or
- any of a list of particular offenses.[8]
Importantly, this intent to commit a crime generally has to be present at the time of the entry.[9] However, in states that forbid unlawfully remaining on the property, that intent can form at any point that you are on the premises.[10] If you do not end up committing the crime, though, it can still be burglary.
Entering property without intending to commit an eligible offense would still be the criminal act of trespassing.
Type of building
Many states differentiate between the following types of buildings:
- residences or dwellings,
- occupied residences or dwellings,
- businesses,
- abandoned buildings,
- motor vehicles, and
Conducting a burglary on a personal residence, particularly an occupied one, is generally treated as a more severe offense.[11]
At nighttime
Long ago, burglary was only a crime that could be committed at nighttime. Most states have done away with this element of the offense. Those that still use the element have other criminal laws, like for breaking and entering, that cover burglars that enter during the daytime.[12]
Different degrees of burglary
Because there are so many different variables and elements to burglary, many states have multiple degrees of burglary. Lots of states have more than a few degrees.
For example, in Indiana, burglary is of the:
- first-degree if you go in a dwelling and it results in someone else’s serious bodily injury,
- second-degree if you are armed with a deadly weapon or it results in someone else’s serious bodily injury,
- third-degree if it results in someone else’s serious bodily injury,
- fourth-degree if the building or structure you enter is a dwelling, and
- fifth-degree in all other circumstances.[13]
Each degree will come with its own set of penalties.
Robbery
Robbery is the crime of stealing someone else’s property from their person through force or fear.[14]
The offense is basically theft, but with 2 additional elements:
- the property being stolen was in the victim’s direct possession at the time of the offense, and
- you used force or fear to acquire it.
Because of these extra elements, it is more severe than theft. It is also generally regarded as a violent crime due to the use of force.
Degrees of robbery
Many states differentiate between degrees of robbery based on their severity.
For example, Washington State has first-degree robbery, which involves:
- being armed with, or displaying, a deadly weapon,
- causing a bodily injury during the commission of the crime, or
- robbing a financial institution.[15]
Any robbery without these characteristics is a second-degree robbery.[16]
Other states distinguish between:
- robbery, and
- armed robbery.
With armed robbery being a robbery committed with a deadly weapon or firearm.[17]
Differences between robbery and burglary
As you can see, there are numerous differences between robbery and burglary. This table summarizes them, as well as some similarities:
| Robbery | Burglary | |
| Involves entering a building, structure, or vehicle | No | Yes |
| The victim’s presence is required | Yes | No, though severe degrees of burglary in some states require the presence of someone in the dwelling |
| You must be armed | Not necessarily, though it can aggravate the charge | Not necessarily, though it can aggravate the charge |
| You must have stolen property | Yes | No |
| You must have used force or fear | Yes | No |
| It is a violent crime | Yes | No |
| It is a property crime | No: while you do take someone else’s property, it is classified as a violent crime | Yes |
Note, though, that you can commit both a burglary and a robbery in the same course of events.
Penalties for a conviction
Robbery is a felony. Burglary is nearly always a felony.
Felonies are the most severe category of criminal offenses. They carry at least a year in prison.
In California, for example, a conviction on a first-degree robbery charge carries:
- between 3 and 9 years in prison,
- up to $10,000 in criminal fines, and
- felony probation.[18]
Second-degree robbery convictions carry the same fines and probation, but between 2 and 5 years in prison.[19]
The penalties for burglary or a break-in are usually lower.
In California, burglary of a residence is first-degree burglary. Convictions for this type of burglary charge carry:
- between 2 and 6 years in prison,
- up to $10,000 in fines, and
- felony probation.[20]
Second-degree burglary can be prosecuted as either a felony or as a misdemeanor in California. If pursued as a felony by law enforcement, convictions carry:
- between 16 months and 3 years in jail,
- up to $10,000 in fines, and
- felony probation.[21]
If prosecuted as a misdemeanor, a conviction would carry:
- up to 1 year of jail time,
- up to $1,000 in fines, and
- misdemeanor probation.[22]
The legal consequences of the different crimes show that robbery is generally a more serious crime. The key difference is that the crime of robbery includes violence or the threat of violence.
The best way to avoid or mitigate these penalties is by hiring a criminal defense attorney from a reputable law firm.
Differences from theft
Both burglary and robbery are related to the crime of theft.
Theft is the act of taking another person’s property without the owner’s consent and with the intention of depriving them of it.[23]
Note the absence of violence or the threat of force.
Burglary is generally defined as unlawfully entering a building with the intention of committing a theft crime.
The legal definition of robbery is essentially theft, plus violence.
Because they are so related, a criminal defense lawyer may be able to reduce a robbery or burglary charge down to one for:
- petty theft,
- grand theft, or
- shoplifting.
This can substantially reduce the penalties of a conviction.
Legal Citations:
[1] Black’s Law Dictionary – “Burglary.”
[2] See Michigan Penal Code 750.115 (“An individual who breaks and enters or enters without breaking…”).
[3] See Franklin v. Commonwealth, 508 S.E.2d 362 (Va. App. 1998).
[4] Revised Code of Washington 9A.52.030(1).
[5] Massachusetts General Laws Chapter 266, Section 14.
[6] See California Penal Code 459 PC.
[7] See Ohio Revised Code 2911.11 and 2911.12.
[8] Nevada Revised Statutes (NRS) 205.060 (“grand or petit larceny, assault or battery on any person or any felony, or to obtain money or property by false pretenses” for residential burglary).
[9] See People v. Kwok, 63 Cal.App.4th 1236 (1998).
[10] State v. Allen, 110 P.3d 849 (Wash. App. 2005).
[11] See NRS 205.060.
[12] See Massachusetts General Laws Chapter 266, Sections 14 and 17.
[13] Indiana Code 35-43-2-1.
[14] Black’s Law Dictionary – “Robbery.”
[17] See Texas Penal Code 29.03.
[18] California Penal Code 213 PC.
[19] Same.
[20] California Penal Code 461 PC.
[21] Same.
[22] Same.
[23] See California Criminal Jury Instructions (CALCRIM) No. 1800.
