Theft, Robbery, and Burglary - What are the Differences?
Have you ever wondered what the differences are between stealing, robbery, and burglary? Many people may think they are the same thing, but that couldn't be more wrong. It's important to know how different they really are because the difference in intensity of the crime affects the severity of the punishments. Our criminal defense lawyers at the Lake of the Ozarks are here to let you know the differences between stealing, robbery, and burglary. If you find yourself needing a criminal defense lawyer in Camden County, contact Phillips, McElyea, Carpenter, and Welch at 573-346-7231 for a free consultation today.
In order for a crime to be considered theft, you must:
The Crime of Robbery
Robbery requires taking something from someone by using force or threat of force to do so. For the crime to be considered robbery, there must be:
The Crime of Burglary
What separates burglary from the other two crimes is that fact that you don't actually have to take something in order for it to be burglary. For the crime to be considered burglary, you must:
You must understand that each case is different and there are exceptions to some of the above rules depending on the circumstances.
If you are facing criminal charges or a criminal investigation, it can feel like the legal system is unfairly punishing you. From the criminal investigation, to arrest and trial, you should know that you have rights that are guaranteed by the Constitution. That includes the right to have a criminal defense lawyer advocate on your behalf. Contact Phillips, McElyea, Carpenter, and Welch for a free consultation today at 573-346-7231.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation.
Theft, Robbery, and Burglary - What are the Differences?
The Crime of TheftIn order for a crime to be considered theft, you must:
- Take the property of another without their consent.
- Have the intention of permanently keeping the owner from using or having possession of such property.
- Be acting against the owner's wishes. It isn't theft if you are borrowing with the owner's permission, however, it may be if you don't intend to return the item.
The Crime of Robbery
Robbery requires taking something from someone by using force or threat of force to do so. For the crime to be considered robbery, there must be:
- Another person involved that you are taking property from.
- This property can either be in their possession or in their control. For example, if you are robbing a home while the homeowner is home and you take a gun from their gun safe, that is considered robbery as well.
- The person that you are robbing doesn't have to be injured, there just must be the threat of force or force for it to be considered a robbery. For example, if someone if robbing you on the side of the street at gunpoint, but doesn't actually shoot you or injure you, this is still considered robbery, because they are threatening you with force.
The Crime of Burglary
What separates burglary from the other two crimes is that fact that you don't actually have to take something in order for it to be burglary. For the crime to be considered burglary, you must:
- Enter someone else's structure. We say structure because it doesn't have to be someone's home. It can be something temporary such as a tent or a nonresidential building, such as someone's convenient store.
- Break in. Breaking into a structure can be something as simple as opening a window or a door. Force doesn't have to be used for the crime to be considered burglary.
- Actually completely entering the structure is not required for the crime to be considered burglary. If you steal something by sticking a device through a window to grab an object, for example, you are still committing burglary.
You must understand that each case is different and there are exceptions to some of the above rules depending on the circumstances.
Criminal Defense at the Lake of the Ozarks
If you are facing criminal charges or a criminal investigation, it can feel like the legal system is unfairly punishing you. From the criminal investigation, to arrest and trial, you should know that you have rights that are guaranteed by the Constitution. That includes the right to have a criminal defense lawyer advocate on your behalf. Contact Phillips, McElyea, Carpenter, and Welch for a free consultation today at 573-346-7231.
Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation.
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