Burglary and Robbery: Is There A Difference?

You could fill a library with the amount of misinformation that's out there about the law. Our language doesn't help, especially with people using terms interchangeably when, in actuality, there's a fairly large difference. One of the most common misunderstandings with respect to the law lies in the realm of criminal law. It's a situation that is all too common but one that we all dread: you arrive home after an evening out to find a window broken and all of your stuff disheveled, thrown about and even missing altogether. You might call the police to report a robbery and lament that you have been robbed when, in fact, you've been burgled.

So you might ask, what's the difference? Rest assured, it's a big difference, especially if you're charged with one or the other! Before I get started, please note that every jurisdiction has its own rules and definitions about the respective crimes I talk about here. Be sure to check your local rules or check with a local lawyer if you have further questions or needs. Enough of the disclaimers and on to our discussion.

First and foremost, the primary difference between the two crimes is that robbery takes place in the presence of the victim, while burglary may not necessarily need to be performed in front of the victim. Essentially, think of robbery as using force or threats to take something from the victim. Robbery needs to be face to face. Burglary has to involve a structure which is forcibly entered in order to steal something or commit a felony. Both crimes can have different degrees. In other words, the use of a weapon which could be construed to inflict deadly force (think knife or gun) can raise the severity of the crime and consequently, the penalty.

We've covered the fact that robbery must involve the presence of the victim, but what about burglary? A burglary must involve a structure (house, office, warehouse etc.). Note that cars don't count here. Thefts from cars usually fall under a third type of crime called "larceny." To qualify for burglary, the criminal must enter the structure without authorization with the purpose of committing a felony (not necessarily just to steal something). A quick note about burglary: you don't necessarily have to break anything to commit it. Most people think burglary is breaking a window or a door to force your way in. This is burglary to be sure, but, in addition, entry through a door or window that is unlocked (i.e. entry without property damage) can also qualify as burglary. Now would be a good time to point out that attempting to commit either of these crimes is a crime as well, especially in the case of attempted burglary that ends in the would-be criminal being frightened or warded off.

It should also be noted that, as with almost any legal issue, there are a virtually limitless number of different scenarios and permutations for each crime. For example, a robbery can occur in a house, and a burglary can be committed in the presence of another person. Throw in lesser included offenses, aggravating or mitigating circumstances, and regional variations in the law, and it becomes apparent why lawyers spend so much time in school to learn how to sort it all out. For most people though, the basic differences are pretty easy to understand. Robbery occurs face to face with the victim and involves the use of force to take something that doesn't belong to you. Burglary involves breaking into a structure and taking what does not belong to you, whether or not the crime involves coming face to face with the owner of the item. You don't have to have property damage to be the victim of a burglary. Remember, if you have additional questions, do not hesitate to seek out a trusted legal professional in your own local jurisdiction.