When someone steals something from your car, is it a robbery? A burglary? There are numerous different classifications for theft crimes. Let’s discuss robbery, burglary, and if the criminal penalties differ for each offense.
Defining Robbery
A robbery occurs when an individual steals directly from another individual using the threat of force, or actual force causing harm, to obtain the desired items. For example, if a man walks up to a woman on the street and demands her purse while visibly pointing a knife in her direction. At this moment, the reasonable threat of harm is enough for the woman to comply and give away her belongings. This is a robbery.
Elements of Robbery
The key elements that define robbery are:
- Direct Interaction: The perpetrator must directly interact with the victim.
- Use of Force or Threat: There must be a threat of force or actual force used.
- Intention to Steal: The intent to unlawfully take property from another person.
Aggravated Robbery
When a weapon is used, or if the victim suffers serious bodily injury, the robbery is classified as aggravated robbery. This elevates the severity of the crime and the associated penalties.
Defining Burglary
While still a serious offense, burglary does not require a violent threat. Instead, a burglary occurs when an individual unlawfully enters private property with intent to commit a crime. An example of this would be breaking and entering to steal from the homeowner. Even if the offender does not take anything from the residence, it is still considered burglary.
Elements of Burglary
The key elements that define burglary are:
- Unlawful Entry: The perpetrator must unlawfully enter a building or property.
- Intent to Commit a Crime: There must be intent to commit a crime once inside, whether it be theft, vandalism, or another illegal act.
- Presence of a Crime: The crime does not have to be completed for the act to be considered burglary.
Residential vs. Commercial Burglary
Burglary can occur in residential properties (homes) or commercial properties (businesses). The penalties may vary depending on the type of property involved.
Potential Criminal Penalties
Robbery Penalties
Robbery is a serious crime with significant penalties:
- Imprisonment: Up to 20 years in prison.
- Fines: Up to $10,000 in fines.
Aggravated Robbery Penalties
The potential penalties increase if a weapon was used during the commission of the robbery or if the alleged victim was injured:
- Imprisonment: Can lead to even longer prison sentences, sometimes life imprisonment.
- Enhanced Fines: Higher fines and more severe consequences.
Burglary Penalties
The penalties for burglary differ depending on the type of residence entered and the nature of the crime intended:
- Residential Burglary:
- Imprisonment: Two to 20 years in prison.
- Fines: Up to $10,000 in fines.
- Burglary with Intent to Commit Other Crimes:
- Imprisonment: If the offender entered the residence and intended to commit a crime other than theft, the sentence increases to a minimum of five years incarcerated.
Factors Influencing Penalties
Several factors can influence the severity of penalties for both robbery and burglary:
- Prior Criminal Record: Repeat offenders may face harsher penalties.
- Use of Weapons: The involvement of weapons can escalate charges and penalties.
- Extent of Harm or Damage: The level of harm caused to victims or damage to property can affect sentencing.
Theft Crimes Defense in Texas
Theft crimes are some of the most common offenses in America. Whether you are being charged with shoplifting, robbery, or burglary, our team at Smith & Vinson Law Firm can help defend you and your rights. We have helped numerous clients reach favorable outcomes by crafting strong legal defenses on their behalf. Contact us today to begin working on your case.