Most people use the words “theft,” “burglary,” and “robbery” somewhat interchangeably. While this is fine for casual conversation, there are significant distinctions between each of these offenses that make them distinct criminal offenses. If you were arrested for stealing, it’s important to understand exactly what charges you face.

While these offenses all involve stealing someone else’s property, they are completed in very different ways. Theft is a general term that encompasses various criminal acts. As such, charges and penalties for theft tend to vary based on the value of whatever was allegedly taken. Robbery and burglary are different because they require some additional action by the defendant. Robbery is often summed up as theft by physical force, violence, or threats of force. Burglary involves breaking into a home or building with the intent of committing a crime once inside, often theft. Because these charges arise under different circumstances, they must be defended differently, too. Your attorney can help you determine the best possible defense for your specific charges.

Call our Philadelphia theft defense lawyers with the Liberty Law Team at (215) 826-3314 for a free, private case review regarding charges for robbery in Philadelphia, as well as burglary and general theft offenses.

How are Robbery and Burglary Different from Theft in Pennsylvania?

These crimes are all commonly classified as “theft,” but this is not always accurate. While robbery can be considered a type of theft, it is usually classified as a violent crime instead of a property crime. Similarly, while people consider burglary a theft crime, you can actually commit burglary without thinking about taking anything. Our Philadelphia criminal defense lawyers explain the differences:

Theft

Theft is simply the crime of taking something that doesn’t belong to you. The traditional name for this kind of theft is “larceny.” In Pennsylvania, theft can be committed in a few different ways, such as by using deception, unlawfully carrying something away, or by using extortion. There are also specific statutes for theft from a motor vehicle, theft of services, and unauthorized use of an automobile.

Because theft does not involve interacting with the victim, it is usually considered a “property crime.” If you were charged with theft as a college student, our theft defense lawyers for Temple students and college students can help.

Robbery

Robbery is sometimes called “theft plus” because it usually involves a theft with an additional factor that involves force or violence. Under 18 Pa.C.S. § 3701, theft becomes robbery when it has one of the following additional elements:

  • Infliction of “serious bodily injury”
  • Threats of violence
  • Threats of another crime
  • Putting another in fear of harm
  • Taking property directly from another person “by force however slight”
  • Stealing from a bank by talking to or writing a note to a bank worker

In short, a robbery is a theft that specifically involves some sort of force, assault, or intimidation. An additional statute (18 Pa.C.S. § 3702) is devoted solely to the robbery of a motor vehicle, sometimes called carjacking.

Because robbery involves force or violence, it is usually considered a “violent crime” instead of a property crime.

Burglary

Burglary in Pennsylvania is defined under 18 Pa.C.S. § 3502 and specifically involves entering a building or another piece of property “with the intent to commit a crime therein.” While the other crimes more clearly punish stealing, you can commit burglary without taking anything. The focus here is violating someone else’s home or property by trespassing with the intent to commit another crime.

Because of the way this statute is written, you can actually commit burglary by trespassing with the intent to commit:

  • Murder
  • Rape
  • Robbery
  • Theft
  • Other offenses

Burglary has 3 built-in defenses which prevent you from being charged:

  • The building was abandoned – if there’s no one there to bother by trespassing, it isn’t burglary.
  • The property was public property – everyone is usually allowed to access public property.
  • You were “licensed or privileged to enter” – you can’t burglarize a location you were invited to enter, like a friend’s house or an open store.

Whether the burglary charge sticks or not, you can also be arrested and convicted for any other offense you commit once you are inside the premises. However, you cannot be sentenced for both the burglary and the other crime unless the other crime is a first- or second-degree felony. Otherwise, the DA has to choose which one to request sentencing for.

Burglary and Robbery Information

Theft covers taking a very wide range of both tangible and intangible objects. Theft might involve stealing a physical item (like a purse or a bike), a service or utility (like cable or internet), or simply valuable information (like another person’s identity, or a company’s trade secrets).

Depending on the nature of the alleged offense involved, theft grading runs the gamut from a third-degree misdemeanor to a first-degree felony. Thus, a defendant who is convicted of theft might be facing anywhere from one to 20 years in prison, and fines ranging from $2,000 to $25,000. The final sentence depends on the type and value of the property involved, among other factors. For instance, theft is automatically a second-degree felony if the property stolen is a firearm or if the value of the stolen items is at least $100,000 but less than $500,000. If you received an item that was stolen, you may still be charged and may benefit from retaining a Philadelphia receiving stolen property attorney today.

Depending on the circumstances, robbery can be graded as a third-, second-, or first-degree felony, with more severe penalties applied to higher degrees of violence or harm. Burglary also varies in grading, with harsher penalties applied for burglarizing a house while people are home. Overall, theft offenses are generally worse crimes when there is contact with the victim, serious harm, gun possession, or use of a firearm.

How to Fight Charges for Robbery, Burglary, and Theft in Pennsylvania

How we fight charges for theft, robbery, and burglary inevitably varies because the charges differ so significantly. While these are all often tied to stealing property, other factors may be involved that make your case unique. One method is to challenge the items or property that were allegedly stolen.

Charges for theft are often based on the value of what was stolen. For example, according to 18 Pa.C.S. § 3903(a.2), theft offenses may be charged as a first-degree felony if the property stolen consisted of a firearm or was valued at $500,000 or more. The property involved in the supposed theft and its value is a key element in the criminal charges. If the property was not very valuable or did not consist of something like a firearm, we need to highlight this information to fight the charges.

For charges of robbery or burglary, we might be able to challenge the claim that some other factor was present in addition to the supposed theft. Robbery requires that the defendant use force, violence, or threats to commit the offense. If this did not happen, you should not be charged with robbery. Even if we cannot prove that this did not happen, the prosecutor might not be able to prove it did. Remember, they have the burden of proof and must have sufficient evidence to prove the charges.

For burglary charges, the defendant must have entered a building or dwelling without permission with the intent of committing a crime once inside. The crime does not have to be theft, but theft and burglary are often entangled. One strategy that might apply to your case is to challenge the claim that you intended to commit a crime. Remember, intent is often hard to prove, and prosecutors might not have the evidence to do so. Alternatively, you might argue that you had a right or authorization to enter the building in question. You should not be charged with burglary for entering somewhere you had a right to be.

If force or violence was present, was it justified? Maybe this was not a theft at all. Maybe you were taking back property that rightfully belonged to you. In that case, charges for robbery are inappropriate, as you cannot steal something that is legally yours. However, charges related to the force or violence might be a problem.

Differences in the Grading of Charges for Theft, Robbery, and Burglary in Pennsylvania

As mentioned above, charges for theft, robbery, and burglary are graded differently. While each may constitute a serious felony, how these felonies are charged and the grading of the charges differ significantly. It is crucial that you review your charges with your attorney. Be sure to figure out exactly why the prosecutor charged you the way they did, as this information might factor heavily into your defense.

Again, theft offenses are often sentenced based on the value of whatever was stolen. However, other sentencing criteria may be involved depending on the specific theft offense or if other aggravating factors were present. Under 18 Pa.C.S. § 3903, a theft offense may be charged as a third-degree felony if it involves property worth more than $2,000, a motor vehicle, or the buying or receiving of stolen property. Theft may be charged as a second-degree felony if the property is valued at more than $100,000 but less than $500,000, or property consisting of a firearm, among other things. Remember, what was allegedly stolen is key in how these offenses are charged.

When robbery charges are assessed, the value of what is stolen is arguably less important, although it is not entirely disregarded. Instead, the main focus of sentencing is how the robbery was completed and what was taken. Generally, robbery is charged as a second-degree felony. However, robbery is a first-degree felony if the object of the robbery is a controlled substance or designer drug.

Burglary is almost always charged as a first-degree felony. However, it may be a second-degree felony if the defendant’s intent upon entering the building is to steal a controlled substance. Additionally, it may be a second-degree felony if the building that was allegedly broken into was unoccupied when the offense supposedly occurred. Charges may not apply if the building was abandoned, open to the public, or the defendant was permitted to enter.

Philadelphia Robbery, Theft, and Burglary Lawyers Offering Free Consultations

If you or someone you love has been arrested for theft at the University of Pennsylvania or elsewhere, our Philadelphia burglary defense lawyers with the Liberty Law Team can help. Get a free, private legal review by calling us at (215) 826-3314.