Although they are sometimes used interchangeably, robbery and burglary are distinct offenses with different elements. In fact, the FBI even classifies these offenses differently, with burglary viewed as a property crime and robbery viewed as a violent crime.
This difference will matter when prosecutors charge you with these offenses. Prosecutors must prove every element to secure a conviction. If your conduct does not meet the definition of robbery or burglary, your criminal defense attorney can fight to dismiss the criminal charges.
The lawyers at Gounaris Abboud have over five decades of experience and have successfully defended clients against robbery and burglary criminal charges in many cases. Contact us to discuss your case with a Dayton theft defense lawyer.
What Is Robbery?
The definition of robbery combines theft and assault. Under Ohio law, robbery occurs when someone commits or attempts to commit theft under any of the following circumstances:
- They have a deadly weapon.
- They inflict, attempt to inflict, or threaten to inflict bodily harm on the victim.
- They use or threaten the immediate use of force against victims.
Robbery happens even if nothing is taken. Moreover, in comparing robbery vs. armed robbery, you do not need to be armed to commit robbery. Threatening to beat the victim would be enough.
Is robbery a felony? Yes, either a second or third-degree felony.
What Is Aggravated Robbery?
The difference between robbery and aggravated robbery is determined by the seriousness of the assault. Aggravated robbery combines robbery with aggravated assault. Aggravated robbery is when someone attempts or commits theft, or is fleeing afterward, and they:
- Have a deadly weapon and make it known by showing it, using it, or indicating that they have it.
- Has dangerous ordinance such as an automatic firearm or explosive.
- Seriously harm or attempt to seriously harm someone else.
Aggravated robbery also includes a very specific type of theft when someone takes, deprives, or attempts to deprive a law enforcement officer of their weapon. The officer must be on duty, and the accused must know or reasonably know they are an officer.
Comparing armed robbery vs. aggravated robbery, armed robbery is a form of aggravated robbery.
What Are Degrees of Robbery?
Ohio does not have different degrees of robbery. Criminal charges for robbery will be called “robbery” regardless of which of the three circumstances prosecutors allege. Similarly, Ohio only has one “aggravated robbery” offense regardless of the elements proven.
However, Ohio imposes different legal consequences depending on the nature of the robbery. Aggravated robbery is always a first-degree felony. Robbery is usually a second-degree felony, also called a class B felony, when it involves deadly weapons or the infliction or attempted infliction of physical harm. However, it drops to a third-degree felony when the accused only threatened the victim.
What Is Burglary?
What’s the difference between burglary and breaking and entering? Burglary and “breaking and entering” are separate criminal offenses in Ohio. What is the meaning of burglary? Someone commits burglary when they unlawfully trespass in any part of an occupied building or structure with the intent to commit a crime. Breaking and entering involves trespass in an unoccupied building with the intent to commit theft or a felony.
The underlying crime for burglary is often theft. That is, most people facing these criminal charges are accused of planning petty theft or grand theft once they get inside the structure. However, prosecutors can allege any criminal offense to support criminal charges for burglary, including:
- Murder
- Kidnapping
- Assault
- Rape
- Stalking
- Voyeurism
Burglary is normally a third-degree felony. Burglary is a second-degree felony when someone else is present in the building or if the building is someone’s temporary or permanent dwelling.
Merely trespassing unlawfully in someone’s permanent or temporary habitation, without the intent to commit a crime, is a fourth-degree or class D felony. Burglary can occur in any type of non-abandoned structure, e.g., a building, a boat, an airplane, or a motor vehicle.
Examples of someone’s dwelling or habitation would be the person’s house or apartment, a hotel room, or a tent.
What Is Aggravated Burglary?
Aggravated burglary is burglary plus aggravated assault. Someone commits aggravated burglary when they commit burglary in an occupied structure and harming, attempting to harm, or threatening bodily harm to another. Prosecutors can also file criminal charges for aggravated burglary when someone commits a burglary while possessing a deadly weapon.
Prosecutors still must prove the accused’s intent to commit a crime after breaking in. It does not matter if the accused intended to commit minor or serious crimes. Thus, suppose someone only intends to commit vandalism after breaking into an apartment building, but they are caught inside with a gun. The vandalism plus burglary with a deadly weapons enhancement will result in aggravated burglary charges.
Aggravated burglary is a first-degree felony.
What Are Degrees of Burglary?
Ohio has different burglary circumstances instead of degrees. Is burglary a felony? Yes, all forms of burglary are felonies, including:
- Aggravated burglary is a first-degree felony.
- Burglary of an occupied structure when someone is present is a second-degree felony.
- Burglary of a habitation when someone is present or likely to be present is a second-degree felony.
- Burglary of an occupied structure when no one is present is a third-degree felony.
- Trespass in an occupied structure is a fourth-degree felony.
- Breaking and entering is a fifth-degree felony.
Felony offenses are punishable by at least a year in state prison.
What Is the Difference Between Robbery and Burglary Criminal Offenses?
Robbery and burglary of other property are different criminal activities, although they can overlap. Thus, someone could be convicted of burglary and robbery for entering someone’s home and taking their cash at gunpoint. However, it is also possible to violate the robbery law without violating the burglary law and vice versa.
The difference between burglary and robbery is conceptual. Robbery happens when someone commits assault to accomplish a theft. The use of force, threats of force, or deadly weapons are essential to robbery charges. Conversely, burglary happens when someone unlawfully enters someone else’s structure. No theft or assault is required.
The legal consequences of a criminal conviction can include jail time, fines, and a criminal record. A Dayton criminal defense attorney from Gounaris Abboud defends you against robbery, burglary, and theft charges. Contact us to get started now.
How Do Robbery and Burglary Differ from Theft?
There are similarities in robbery vs. burglary vs. theft. However, these offenses also have distinct elements. Theft can happen without force or a threat of force, such as embezzlement. They can also happen without unlawfully trespassing in a structure, such as shoplifting. Thus, you could face some or all of these charges, depending on the case.
One of the most important roles of a criminal defense lawyer is to analyze your charges. They will determine if the prosecution has overcharged by accusing you of offenses that do not fit the facts.
What Is the Difference Between Robbery and Theft?
Theft is the unlawful taking of another person’s property. This includes money, personal property, and services, like electricity. To prove theft, prosecutors must show the accused unlawfully exercised possession or control over the property with the intent to deprive the rightful owner of it.
Theft can be a misdemeanor crime. If the property was worth less than $1,000, the accused faces a misdemeanor punishable by up to one year of county jail time.
The theft and robbery difference is that robbery includes theft plus acts amounting to simple assault. Theft by other means, such as deceit, is not robbery.
What Is the Difference Between Burglary and Theft?
Burglary requires proof that the accused intended to commit a criminal offense after trespassing in a structure. This criminal offense can include theft. However, any criminal offense will meet this element. If someone had no intention of stealing property while in the structure, prosecutors can substitute a different criminal offense.
For example, prosecutors could file charges for burglary if they believe you broke into your ex-spouse’s house to steal their laptop. But they could also file burglary charges if you had no intent to steal anything but instead intended to plant controlled substances in their house.
What Are the Potential Penalties for Robbery and Burglary?
Penalties for burglary or robbery depend on the degree of the felony charge. All convictions will involve prison time and a fine. The court may also suspend or limit driving privileges in certain circumstances.
✓ First-degree felony: Three to ten years in prison and a $20,000 maximum fine.
✓ Second-degree felony: Two to eight years in prison and a $10,000 maximum fine.
✓ Third-degree felony: One to five years in prison and a $10,000 maximum fine.
✓ Fourth-degree felony: Six to 18 months in prison and a $5,000 maximum fine.
✓ Fifth-degree felony: Six to 12 months in prison and a $2,500 maximum fine.
Aggravating factors that would increase the penalty include theft of a:
- Firearm or deadly weapon
- Motor vehicle
- Dangerous drug
- Police animal or support animal
- Gasoline
- Rented property or services
For the crime of burglary involving physical harm to another person, the seriousness of the harm is an aggravating factor.
Gounaris Abboud Is Ready to Defend Your Rights in the Criminal Justice System
You can face serious consequences after a conviction for robbery or burglary. The penalties for these felonies can include time in a county jail or state prison. You may also be required to pay fines. Even after you serve your sentence, you could carry a criminal record for the rest of your life. This record could interfere with employment, housing, and even child custody.
Prosecutors must prove specific elements to convict you of robbery or burglary. The criminal defense lawyers at Gounaris Abboud protect your rights by challenging the investigative process and the evidence it produced. Reach out to our law firm to discuss your charges and how we can defend you from the consequences you face.
