31 Jul Robbery, Burglary, Theft: What Is the Difference?
Did you know that robbery, burglary, and theft are all different types of crimes? Although they can all involve stealing, the law defines each of these three charges differently. The circumstances of the crime will determine the charges, and will affect the possible outcome as well as your defense in court.
Just like there is a difference between jail and prison, there are also distinct differences between robbery, burglary, and theft. We explain how the state of Arizona defines and punishes these three crimes below.
Robbery, Burglary, and Theft—How Are They Different?
Burglary is the unlawful entry into a structure by someone intending to commit a crime.
Example: You are asleep and hear someone entering your home from downstairs and start looking through your things. You call the police. The person is charged with burglary, because they entered with the intent to steal your valuables.
Theft is the unlawful removal of a person’s property.
Example: You are at a party and you notice your wallet is missing from the bag you left under the table. This is theft, because someone took your wallet without your permission.
Robbery is the unlawful removal of a person’s property using force or threats.
Example: You are walking down a street, and a person emerges from an alley, points a gun at you, and demands you hand over your wallet. This is robbery, because of the use of a threat to take your belongings.
Arizona’s Penalties for Robbery, Burglary, and Theft
Charges for these crimes can range from a low-level misdemeanor all the way to a felony. Punishments for a misdemeanor conviction typically feature fines or probation, but a felony conviction could mean life in prison.
The severity of the punishment depends greatly on the crime committed. For example, how much was stolen, how violent the act was, or whether or not the victim suffered unduly, will all factor into the charges and sentencing.
Penalties for Burglary
There are four possible charges for burglary:
- Possession of burglary tools is a class 6 felony, with a possible prison sentence of 4 months to 5 years or more.
- Burglary in the third degree is a class 4 felony, with a possible sentence of one to three years in prison.
- Second-degree burglary is a class 3 felony, punishable by two years to 25 years in prison.
- For first-degree burglary, if the structure is residential, then the charge is a class 2 felony with a possible sentence of 3 to 35 years in prison. If the structure is non-residential, or the perpetrator is inside of the fence but not the structure, then this charge is a class 3 felony, with a possible 2 to 25-year prison sentence.
Penalties for Theft
Since there are several types of theft—including identity theft—the penalties can range widely. Punishments for conviction will depend on the amount of money or the value of the item stolen. Minor thefts (under $1,000) are usually considered misdemeanors, while thefts over that amount will carry a felony charge.
Although there are exceptions, the amount stolen usually determines the charges:
- $1,000 or more = a class 6 felony, with a prison term of 6 months and 18 months
- $2,000 or more = a class 5 felony, with a prison term between 9 months and 2 years
- $3,000 or more = a class 4 felony, with a prison term between 1.5 and 3 years
- $4,000 or more = a class 3 felony, with a prison term between 2.5 and 7 years
- $25,000 or more = a class 2 felony, with a prison term between 4 and 10 years
Penalties for Robbery
There are three types of robbery charges in Arizona:
- Robbery is a class 4 felony, with penalties of 1 to 6 years in prison.
- Aggravated robbery is a class 3 felony, with penalties of 2 to 15 years in prison.
- Armed robbery is a class 2 felony, with penalties of 7 years to 35 years in prison.
If You Are Facing Criminal Charges, You Need an Attorney
Being accused of a crime in Arizona is a situation that must always be taken seriously. If convicted, you could wind up facing large fines and fees as well as time behind bars. Plus, having a criminal conviction on your record can change the course of your life.
With an experienced certified criminal defense attorney like Todd Coolidge on your side, you have a much better chance of winning your case. With over 25 years of experience, you’re in good hands with us here at the Coolidge Law Firm. If you have been charged with robbery, burglary, or theft in Arizona, contact us today for a consultation.
Images used under creative commons license – commercial use (7/30/24). Photo by Salah Ait Mokhtar on Unsplash.