Under many burglary laws, the intended crime must be a felony or some form of theft, but some states say that a person who enters a building without permission and intends to commit any crime inside is guilty of burglary. For instance, illegally entering a building with the intent to commit an assault can be the basis for a burglary conviction.
Burglary and robbery also differ when it comes to the use of force. Force, whether against a person or to get into a building, generally isn't required for a burglary conviction.
Robbery, though, necessarily involves the use of force—or at least intimidation—against another person. In order to be convicted of robbery, someone must use violence or the threat of violence to take something of value directly from another. For example, suppose a man armed with a knife demands money from a gas station attendant and then runs away with the cash. The man has just committed robbery because he used the threat of force to steal money directly from the victim. As with the definitions of robbery and burglary, penalties vary by state.
Generally, though, both are considered serious crimes and convictions can result in stiff punishments. Most states divide robbery and burglary offenses into degrees of severity, depending on factors such as whether a weapon is involved or the crime results in someone getting hurt. In most states, robbery is always a felony. A robbery conviction can result in significant prison time and hefty fines, especially if the crime involves a weapon.
As with robbery, in most cases burglary is a felony. State laws tend to divide burglary into different levels of seriousness, depending on such factors as:.
Again, criminal statutes and penalties can vary widely by state. For more information on burglary and robbery, and to learn about the laws in your area, consult an experienced criminal defense attorney.
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Meet the Editors. The Differences Between Robbery and Burglary. The words actually refer to different crimes, with their own legal definitions and penalties. So, to answer the question, the family home has been burglarized. The Crime of Robbery Robbery is a crime where someone takes something of value directly from someone else.
As the theft and burglary attorneys at Hart Powell, S. Knowing how theft, burglary, and robbery differ is a great first step towards building your defense. Theft, then, is the broadest category since it does not necessarily involve either unlawfully entering a place or breaking into a container or unlawfully using or threatening force. Burglary might occur even if the property is not removed from an area; breaking in or trespassing with the intent to steal is enough to result in a burglary charge.
Robbery happens when a key feature—force—is added to stealing. Whether you are confronted with a charge of theft, burglary, robbery, or some combination of these actions, you have a right to legal counsel. Introduction to compensation 2. Suggested starting points for physical and mental injuries. Racial or religious aggravation — statutory provisions 2.
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Calculators back Fine calculator Drink-driving calculator Using the calculators. Home What is the difference between theft, robbery and Below is a summary of each offence and what it involves. The maximum sentence for theft is seven years.
This can include a street mugging or robbery of a shop, business or security vehicle. Burglary Burglary is committed when an offender either: a as a trespasser enters a building intending to steal, inflict grievous bodily harm or do unlawful damage; or, b having entered as a trespasser steals or attempts to steal, or inflicts or attempts to inflict grievous bodily harm.
There are three types of burglary recognised in law. These are: Domestic burglary — Burglary of a dwelling This type of burglary occurs when an offender enters, as per the definition above, a building which people live in.
The maximum sentence is 14 years. Non-domestic burglary — Burglary of premises other than a dwelling — Theft Act s9 This type of burglary relates to buildings which are not lived in, such as shops or offices.
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