Burglary vs Shoplifting (What Are The Differences?)

You’re reading this because you want to know the difference between burglary and shoplifting, right? And we totally get it. It’s confusing! But don’t worry, we’ve got your back.

By the end of this article, you will have a clear understanding of the key differences between burglary and shoplifting, as well as potential defenses and the role of a criminal defense attorney in these cases. Whether you are facing criminal charges or simply want to learn more about these crimes, we hope that this article will provide valuable information and insight.

The main difference between burglary and shoplifting is that burglary is the act of breaking into a building with the intent to commit a crime, while shoplifting is the act of stealing goods from a retail establishment without the intention of paying for them.

Burglary vs Shoplifting

While both crimes involve the theft of property, the key difference between the two is the intent of the perpetrator. In a burglary, the perpetrator has the intent to commit a crime before they even enter the building, whereas, in shoplifting, the intent to commit a crime only arises once the goods are taken from the store.

This article is intended to provide general information on the differences between burglary and shoplifting. It is not intended as legal advice, and it should not be relied upon as legal advice. For specific advice on the laws and potential defenses for burglary and shoplifting in a particular jurisdiction, it is recommended that you consult with a criminal defense attorney.

What Is Burglary?

Burglary is a crime that involves unlawfully entering a building or structure with the intent to commit a crime once inside. This crime is often associated with theft, as a person who burglarizes a building may do so with the intention of stealing valuable items from inside. However, burglary can also involve other types of crimes, such as vandalism or assault.

In order for a person to be charged with burglary, the prosecutor must prove that the defendant had the intent to commit a crime upon entering the building. This intent can be difficult to prove, as it is often based on circumstantial evidence. However, if the prosecutor can demonstrate that the defendant had a specific plan or motive for committing a crime once inside the building, such as by bringing tools or weapons with them, this can be used as evidence of intent.

Burglary is often distinguished from other crimes, such as trespassing or breaking and entering, by the presence of the intent to commit a crime once inside the building. Trespassing involves unlawfully entering a property without the intent to commit a crime, while breaking and entering involves forcibly entering a property without the owner’s permission, regardless of intent.

Burglary is a serious crime that is punishable by imprisonment, fines, and other penalties. The specific penalties for burglary will vary depending on the state and the circumstances of the crime, such as the value of the property stolen and any injuries sustained by the victim.

A person charged with burglary may be able to use certain defenses to challenge the charges, such as mistaken identity or lack of intent. A criminal defense attorney can provide more information on the specific laws and defenses related to burglary.

 

What Is Shoplifting?

Shoplifting is a crime that involves taking goods from a retail store without intending to pay for them. This crime is also known as retail theft or petty theft, depending on the value of the goods stolen. Shoplifting can involve a range of different actions, from simply concealing merchandise in a bag or pocket to using devices or tactics to defeat security measures.

In order to be charged with shoplifting, the prosecutor must prove that the defendant intended to permanently deprive the store of the stolen goods. This intent can be difficult to prove, as a person may claim that they intended to pay for the goods but simply forgot or changed their mind. However, if the prosecutor can demonstrate that the defendant took steps to conceal the goods, such as by using a bag or jacket to hide them, this can be used as evidence of intent.

Shoplifting is often distinguished from other crimes, such as larceny or robbery, by the value of the goods stolen and the manner in which they are taken. Larceny involves taking property from another person without their consent, while robbery involves using violence or the threat of violence to take property from another person.

Shoplifting is a crime that is punishable by imprisonment, fines, and other penalties. The specific penalties for shoplifting will vary depending on the state and the circumstances of the crime, such as the value of the goods stolen and the defendant’s criminal history.

A person charged with shoplifting may be able to use certain defenses to challenge the charges, such as lack of intent or necessity. A criminal defense attorney can provide more information on the specific laws and defenses related to shoplifting.

 

Key Differences Between Burglary and Shoplifting

Definition and intent

Burglary is defined as unlawfully entering a building or structure with the intent to commit a crime once inside. This intent is an essential element of the crime, as the prosecutor must prove that the defendant intended to commit a crime upon entering the building.

In contrast, shoplifting is defined as taking goods from a retail store without intending to pay for them. This intent is also an essential element of the crime, as the prosecutor must prove that the defendant intended to permanently deprive the store of the stolen goods. However, the required intent for shoplifting is slightly different than the intent required for burglary.

In the case of burglary, the intent must be to commit a crime once inside the building. This could include crimes such as theft, assault, or vandalism. In the case of shoplifting, the intent must be to permanently deprive the store of the stolen goods. This does not necessarily require the intent to commit a crime, as a person could simply intend to keep the goods without paying for them.

Therefore, one key difference between burglary and shoplifting is the required intent for each crime. Burglary requires the intent to commit a crime, while shoplifting only requires the intent to permanently deprive the store of the stolen goods. This difference can have significant implications for the prosecution and defense of these crimes.

 

Type of property involved

Another difference between burglary and shoplifting is the type of property involved in each crime. Burglary typically involves unlawful entry into a building or structure, such as a residential home, commercial building, or storage unit. This property is often privately owned, and the crime of burglary is committed by unlawfully entering the property without the owner’s permission.

In contrast, shoplifting typically involves the taking of goods from a retail store. These goods are typically owned by the store and are available for purchase by the general public. The crime of shoplifting is committed by taking these goods without intending to pay for them.

Therefore, another key difference between burglary and shoplifting is the type of property involved in each crime. Burglary involves unlawfully entering a privately owned building or structure, while shoplifting involves taking goods from a retail store. This difference can have significant implications for the prosecution and defense of these crimes, as the laws and penalties for each crime may vary depending on the type of property involved.

 

Method of entry

Another difference between burglary and shoplifting is the method of entry used to commit the crime. In the case of burglary, the defendant must unlawfully enter the building or structure in order to commit the crime. This can involve a variety of methods, such as using a key, picking a lock, breaking a window, or climbing through an open window or door.

In contrast, shoplifting does not typically involve any method of entry, as the defendant is typically already inside the store when the crime is committed. In some cases, a person may commit shoplifting by entering the store with the intent to steal, but this is not always the case. A person may also commit shoplifting by simply taking goods from a display or shelf while they are inside the store for a legitimate purpose, such as shopping or browsing.

Therefore, another key difference between burglary and shoplifting is the method of entry used to commit the crime. Burglary involves unlawfully entering a building or structure, while shoplifting does not necessarily involve any method of entry. This difference can have significant implications for the prosecution and defense of these crimes, as the method of entry may be relevant to the charges and potential defenses.

 

Presence of people

Another difference between burglary and shoplifting is the presence of people during the commission of the crime. In the case of burglary, the crime is typically committed when the building or structure is empty or unoccupied. The defendant may break into the property when they believe that no one is inside, or they may wait until the occupants are away before committing the crime.

In contrast, shoplifting is typically committed when the store is open and occupied by customers and employees. The defendant may take the goods while other people are present, or they may attempt to conceal the goods and leave the store without being detected. In some cases, a person may commit shoplifting while working as an employee of the store, either by taking goods for their own use or by facilitating the theft of goods by others.

Therefore, one key difference between burglary and shoplifting is the presence of people during the commission of the crime. Burglary is typically committed when the building is empty or unoccupied, while shoplifting is typically committed when the store is open and occupied. This difference can have significant implications for the prosecution and defense of these crimes, as the presence of people may be relevant to the charges and potential defenses.

 

Degree of severity

Another difference between burglary and shoplifting is the degree of severity of the crimes. Burglary is generally considered a more serious crime than shoplifting, as it involves the unlawful entry into a building or structure and the potential for violence or other crimes to be committed once inside. The laws and penalties for burglary are typically more severe than those for shoplifting, as the crime is considered to be more harmful to the victim and to society as a whole.

In contrast, shoplifting is generally considered a less serious crime than burglary, as it typically involves the taking of goods from a retail store without intending to pay for them. The laws and penalties for shoplifting are typically less severe than those for burglary, as the crime is considered to be less harmful to the victim and to society.

Therefore, one key difference between burglary and shoplifting is the degree of severity of the crimes. Burglary is generally considered a more serious crime than shoplifting, and this difference is reflected in the laws and penalties for each crime. This difference can have significant implications for the prosecution and defense of these crimes, as the severity of the crime may be relevant to the charges and potential defenses.

 

Potential defenses

Another difference between burglary and shoplifting is the potential defenses that may be available to a person charged with these crimes. In the case of burglary, a person may be able to use certain defenses to challenge the charges, such as mistaken identity or lack of intent. For example, a person may claim that they were not the person who committed the crime, or that they did not have the intent to commit a crime upon entering the building.

In contrast, a person charged with shoplifting may be able to use different defenses to challenge the charges, such as lack of intent or necessity. For example, a person may claim that they did not intend to permanently deprive the store of the stolen goods, or that they took the goods out of necessity to protect themselves or others.

Therefore, one key difference between burglary and shoplifting is the potential defenses that may be available to a person charged with these crimes. The specific defenses that may be available will depend on the circumstances of the case and the laws of the jurisdiction, and a criminal defense attorney can provide more information on the potential defenses for these crimes.

 

Burglary Laws and Penalties

Burglary is a crime that is punishable by imprisonment, fines, and other penalties. The specific laws and penalties for burglary will vary depending on the jurisdiction, as each state has its own laws and penalties for this crime. However, there are some general principles that apply to burglary laws and penalties across the United States.

In general, burglary is typically classified as a felony offense, which is the most serious category of crime. Felony offenses are punishable by imprisonment for more than one year, as well as fines and other penalties. The specific penalties for burglary will depend on the specific circumstances of the crime, such as the value of the property stolen and any injuries sustained by the victim.

For example, a person who burglarizes a residential home may be charged with residential burglary, which is a more serious offense than burglary of a commercial building. A person who burglarizes a home and steals valuable property may face a longer prison sentence and higher fines than a person who burglarizes a commercial building and steals only small items.

Additionally, the laws and penalties for burglary may vary depending on the state in which the crime is committed. Some states have harsher penalties for burglary than others, and a person charged with burglary in one state may face different penalties than a person charged with the same crime in another state. A criminal defense attorney can provide more information on the specific laws and penalties for burglary in a particular jurisdiction.

 

Shoplifting Laws and Penalties

Shoplifting is a crime that is punishable by imprisonment, fines, and other penalties. The specific laws and penalties for shoplifting will vary depending on the jurisdiction, as each state has its own laws and penalties for this crime. However, there are some general principles that apply to shoplifting laws and penalties across the United States.

In general, shoplifting is typically classified as a misdemeanor offense, which is a less serious category of crime than a felony. Misdemeanor offenses are punishable by imprisonment for less than one year, as well as fines and other penalties. The specific penalties for shoplifting will depend on the specific circumstances of the crime, such as the value of the goods stolen and the defendant’s criminal history.

For example, a person who shoplifts a small item with a low value may be charged with petty theft, which is a less serious offense than grand theft. A person who shoplifts a small item with a low value may face a shorter prison sentence and lower fines than a person who shoplifts a large item with a high value.

Additionally, the laws and penalties for shoplifting may vary depending on the state in which the crime is committed. Some states have harsher penalties for shoplifting than others, and a person charged with shoplifting in one state may face different penalties than a person charged with the same crime in another state. A criminal defense attorney can provide more information on the specific laws and penalties for shoplifting in a particular jurisdiction.

 

Common Defenses to Burglary Charges

If a person has been charged with burglary, they may be able to use certain defenses to challenge the charges and avoid a conviction. The specific defenses that may be available to them will depend on the circumstances of their case and the laws of the jurisdiction in which they are charged. A criminal defense attorney can provide more information on the potential defenses for burglary in their case.

One common defense to burglary charges is mistaken identity. If the prosecutor cannot prove that the person was the person who committed the crime, they may be able to avoid a conviction. For example, if there is no eyewitness testimony or physical evidence linking the person to the crime, they may be able to argue that they were misidentified as the perpetrator.

Another common defense to burglary charges is lack of intent. As mentioned earlier, burglary requires the intent to commit a crime once inside the building. If the prosecutor cannot prove that the person had this intent, they may be able to avoid a conviction. For example, if they entered the building without any weapons or tools, or if they entered the building for a legitimate reason, they may be able to argue that they did not have the intent to commit a crime.

Other potential defenses to burglary charges may include duress, necessity, or entrapment. Duress involves acting under the threat of harm, necessity involves acting to prevent a greater harm, and entrapment involves being induced or encouraged to commit a crime by law enforcement. These defenses may be available in certain circumstances, and a criminal defense attorney can provide more information on whether they may be applicable in their case.

 

Common Defenses to Shoplifting Charges

If a person has been charged with shoplifting, they may be able to use certain defenses to challenge the charges and avoid a conviction. The specific defenses that may be available to them will depend on the circumstances of their case and the laws of the jurisdiction in which they are charged. A criminal defense attorney can provide more information on the potential defenses for shoplifting in their case.

One common defense to shoplifting charges is lack of intent. As mentioned earlier, shoplifting requires the intent to permanently deprive the store of the stolen goods. If the prosecutor cannot prove that the person had this intent, they may be able to avoid a conviction. For example, if they took the goods by mistake or if they intended to return the goods and pay for them, they may be able to argue that they did not have the intent to permanently deprive the store of the goods.

Another common defense to shoplifting charges is necessity. Necessity involves acting to prevent a greater harm, and it may be available as a defense to shoplifting in certain circumstances. For example, if they took the goods to prevent someone else from being harmed, or if they took the goods to protect themselves or their family from harm, they may be able to argue that they acted out of necessity.

Other potential defenses to shoplifting charges may include duress, entrapment, or mistake of fact. Duress involves acting under the threat of harm, entrapment involves being induced or encouraged to commit a crime by law enforcement, and mistake of fact involves acting on the basis of a mistaken belief. These defenses may be available in certain circumstances, and a criminal defense attorney can provide more information on whether they may be applicable in their case.

 

The Role of A Criminal Defense Attorney in Burglary and Shoplifting Cases

If a person has been charged with burglary or shoplifting, it is important for them to consult with a criminal defense attorney as soon as possible. A criminal defense attorney can provide valuable advice and representation in their case, and can help them to navigate the complex legal system.

A criminal defense attorney can help the person to understand the charges and potential penalties that they are facing, as well as the potential defenses that may be available to them. The attorney can also provide advice on how to plead in their case and what to expect at different stages of the legal process.

In addition, a criminal defense attorney can represent the person in court and can help them to present their case in the best light possible. The attorney can cross-examine witnesses, present evidence, and make legal arguments on their behalf. They can also negotiate with the prosecutor on the person’s behalf to try to reach a plea agreement or to reduce the charges or penalties in their case.

Therefore, if a person has been charged with burglary or shoplifting, it is important for them to consult with a criminal defense attorney as soon as possible. A criminal defense attorney can provide valuable advice and representation in their case, and can help them to protect their rights and interests.

 

Shoplifting vs Burglary: Key Takeaways

In conclusion, while burglary and shoplifting may seem similar on the surface, they are actually quite different crimes with distinct legal definitions and punishments. 

There are several key differences between burglary and shoplifting. These differences include the legal definition and required intent for each crime, the type of property involved, the method of entry, the presence of people, the degree of severity, and the potential defenses.

Additionally, there are differences in the laws and penalties for each crime, as well as the potential defenses that may be available to a person charged with these crimes. A criminal defense attorney can provide more information on the specific laws and potential defenses for burglary and shoplifting in a particular jurisdiction.

If a person has been charged with burglary or shoplifting, it is important for them to consult with a criminal defense attorney as soon as possible. A criminal defense attorney can provide valuable advice and representation in their case, and can help them to protect their rights and interests.

Burglary vs Robbery (Finally Time To Stop Confusing)

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Edward Clark
Edward Clark, with 15 years of hands-on experience, is a distinguished expert in smart locks and home security systems. He holds a B.S. in Computer Engineering with a focus on Cybersecurity and is a member of the Electronic Security Association (ESA). His credentials include certifications from ASIS International, IAPP, CompTIA, NTS, and CEDIA. With expertise spanning risk management, electronic security, and data privacy, he's been featured in The Guardian, Forbes, Wired, and more. Edward's mission: guiding individuals toward secure homes using the latest technologies.

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