Burglary vs Theft (Breaking Down the Differences)

Burglary and theft are two crimes that are often confused, but there are important differences between the two. Understanding the distinction between these crimes can be crucial in the criminal justice system, as the potential consequences of a conviction can vary depending on the specific crime charged.

The main difference between burglary and theft is that burglary involves unlawful entry into a building or structure with the intent to commit a crime, while theft involves the unlawful taking of someone else’s property with the intent to permanently deprive the owner of the property.

The penalties for burglary are generally more severe than those for theft, as burglary involves an additional element of breaking and entering.

In this article, we will explore the definitions of burglary and theft, the key differences between the two crimes, and the laws and penalties that apply to each. We will also discuss common defenses to burglary and theft charges and how a criminal defense attorney can help with these types of cases.

Definition of Burglary

Burglary is the crime of illegally entering a building with the intent to commit a crime once inside. This crime is often associated with theft, but a person can be charged with burglary even if no property is taken. The key element of the crime of burglary is the intent to commit a crime once inside the building.

Burglary can be classified as either first degree or second degree, depending on the specific circumstances of the case. In some jurisdictions, burglary can also be classified as third degree, which is generally considered a less serious offense than first or second degree burglary.  

First degree burglary generally involves breaking and entering a dwelling (such as a home or apartment) with the intent to commit a crime inside, while second degree burglary involves breaking and entering a non-dwelling (such as a business or storage unit) with the intent to commit a crime inside.

Burglary is typically considered a serious crime and can carry significant penalties, depending on the degree of the offense. If you are facing charges of burglary, it is important to seek the help of an experienced criminal defense attorney.

Definition of Theft

Theft is the crime of taking another person’s property without their permission and with the intent to permanently deprive the owner of the property. Theft can involve taking physical property, such as a wallet or a car, or it can involve taking intellectual property, such as copyrighted work or trade secrets.

Theft is generally classified as either petty theft or grand theft, depending on the value of the property taken. Petty theft generally involves property with a value of less than a certain amount (which can vary by jurisdiction), while grand theft involves property with a value greater than this threshold.

The potential penalties for theft can vary depending on the specific circumstances of the case and the value of the property taken. In some cases, theft may be charged as a misdemeanor, while in other cases it may be charged as a felony. If you are facing charges of theft, it is important to seek the help of an experienced criminal defense attorney.

Key Differences Between Burglary and Theft

Difference in Definition

One key difference between burglary and theft is the definition of the crimes. Burglary involves the unlawful entry into a building with the intent to commit a crime, while theft involves the taking of another person’s property without their permission.

In other words, burglary involves both an unlawful entry and an intent to commit a crime, while theft involves the taking of property but does not necessarily involve an unlawful entry.

This difference in definition can have significant implications in a criminal case. For example, a person who is charged with burglary may be able to argue that they did not have the intent to commit a crime once inside the building, while a person who is charged with theft may not be able to argue that they had the owner’s permission to take the property.

Understanding the specific definitions and elements of these crimes is important in determining the appropriate defense strategy in a criminal case.

Difference in the act of taking

One key difference between burglary and theft is the act of taking property. In a burglary, the taking of property is often not the primary focus of the crime. Instead, the crime of burglary typically involves the unlawful entry into a building or other structure with the intent to commit a crime. In contrast, theft involves the taking of another person’s property without their permission and with the intent to permanently deprive the owner of the property.

This difference in the act of taking can have significant implications for the charges and potential penalties that a person may face in a criminal case. For example, a person who is charged with burglary may face more serious charges and potential penalties than a person who is charged with theft, even if the value of the property involved is the same.

Difference in the presence of intent

Another key difference between burglary and theft is the presence of intent. In order to be charged with burglary, a person must have the intent to commit a crime when they unlawfully enter a building or other structure. This means that they must have the specific intent to commit a crime when they enter the building, even if they do not actually go on to commit the crime.

In contrast, to be charged with theft, a person must have the intent to permanently deprive the owner of their property when they take it. This means that they must have the specific intent to keep the property for themselves or to dispose of it in a way that the owner cannot recover it.

Difference in the location of the crime

The location of the crime is another key difference between burglary and theft. Burglary is defined as the unlawful entry into a building or other structure with the intent to commit a crime. This means that the crime of burglary typically takes place in a building or other enclosed structure, such as a house, an apartment, a store, or an office.

In contrast, theft can occur anywhere. A person can be charged with theft for taking another person’s property without their permission and with the intent to permanently deprive the owner of the property, regardless of where the taking takes place. This means that theft can occur in a building or other enclosed structure, but it can also occur in an open area, such as a park, a street, or a parking lot.

Difference in the potential penalties

Another key difference between burglary and theft is the potential penalties that can be imposed in a criminal case. Burglary is typically considered a more serious crime than theft and can carry more severe penalties. For example, first degree burglary is generally considered a felony, while petty theft is typically charged as a misdemeanor.

Additionally, the specific penalties for burglary and theft can vary depending on the value of the property involved, the jurisdiction in which the crime was committed, and other factors.

It is important to note that the potential penalties for a crime are just one aspect of the criminal justice system. Other factors, such as the evidence against a defendant, the defendant’s criminal history, and the strength of the defense, can also play a role in the outcome of a criminal case.

If you are facing charges of burglary or theft, it is important to seek the help of an experienced criminal defense attorney who can help you understand the potential consequences of the charges and develop a defense strategy that is tailored to your specific circumstances.

Difference in the type of property involved

The type of property involved is another key difference between burglary and theft. In a burglary, the crime typically involves the unlawful entry into a building or other structure with the intent to commit a crime. This means that the property involved in a burglary is typically the building or other structure itself.

In contrast, theft involves the taking of another person’s property without their permission and with the intent to permanently deprive the owner of the property. This means that the property involved in a theft can be any type of personal property, including money, jewelry, electronics, or other valuables.

Difference in the evidence required

Another key difference between burglary and theft is the evidence required to prove the crimes in court. In order to prove a charge of burglary, prosecutors must generally be able to show that the defendant unlawfully entered a building with the intent to commit a crime. This can involve presenting physical evidence, such as broken windows or locks, as well as witness testimony and other types of evidence.

In contrast, to prove a charge of theft, prosecutors must generally be able to show that the defendant took another person’s property without their permission and with the intent to permanently deprive the owner of the property. This can involve presenting physical evidence of the stolen property, as well as witness testimony and other types of evidence.

Understanding the specific types of evidence that are required to prove a charge of burglary or theft is important in developing a defense strategy in a criminal case. An experienced criminal defense attorney can help you understand the evidence that the prosecution is likely to present and work with you to develop a strategy to counter this evidence.

Difference in the potential defenses

Depending on the specific circumstances of a case, there may be different defenses available to a person charged with burglary or theft.

Some potential defenses to burglary charges may include lack of intent to commit a crime, lack of unlawful entry, or lack of knowledge that the building was occupied. Some potential defenses to theft charges may include consent of the owner, lack of intent to permanently deprive the owner of the property, or a claim of right to the property.

It is important to note that the availability of a particular defense will depend on the specific facts of a case. An experienced criminal defense attorney can help you understand the potential defenses that may be available to you in your case and work with you to develop a defense strategy that is tailored to your specific circumstances.

Common Defenses to Burglary Charges

There are several common defenses that may be used in a burglary case. These defenses may be used to challenge the prosecution’s case and to help the accused person avoid a conviction or reduce the severity of the charges and penalties.

Some of the most common defenses to burglary charges include:

1. Lack of intent: In order to be convicted of burglary, the prosecution must prove that the accused person had the specific intent to commit a crime at the time of the unlawful entry. If the accused person can show that they did not have this specific intent, it may be possible to challenge the charges and avoid a conviction.
2. Lack of unlawful entry: Another common defense to burglary charges is that the accused person did not actually enter the building or other structure unlawfully. For example, the accused person may have had permission to be in the building, or they may have entered through an open door or window.
3. Mistaken identity: In some cases, the accused person may be able to argue that they were not the person who committed the crime. This may be possible if there is insufficient evidence linking the accused person to the crime, or if there are eyewitnesses who can provide an alibi for the accused person.
4. Necessity: In some cases, the accused person may be able to argue that they committed the crime out of necessity. This defense may be used if the accused person can show that they were faced with a situation that required immediate action and that the crime was committed in order to prevent a greater harm.
5. Duress: In some cases, the accused person may be able to argue that they committed the crime under duress, or because they were threatened with harm if they did not commit the crime. This defense may be used if the accused person can show that they were coerced into committing the crime by another person.

It is important to note that these defenses may not be applicable in all cases, and the specific defenses that are available will depend on the circumstances of the case. An experienced criminal defense attorney can help you understand the defenses that may be available to you and work with you to develop a defense strategy that takes these defenses into account.

Common Defenses to Theft Charges

Some common defenses to theft charges include:

1. Lack of intent: The defendant must have intended to permanently deprive the owner of the property in order for the act to be considered theft. If the defendant did not have this intention, they may be able to use this as a defense.
2. Mistake: If the defendant believed that they had a right to the property or that they were entitled to it, they may be able to use this as a defense.
3. Lack of control: If the defendant did not have control over the property, they may not be guilty of theft. For example, if the defendant was under duress or coercion, they may be able to use this as a defense.
4. Consensual transfer: If the defendant received the property with the consent of the owner, they may not be guilty of theft.
5. Return of property: If the defendant returned the property to the owner before being charged, they may be able to use this as a defense.
6. Insanity: In some cases, the defendant may be able to use an insanity defense if they were not capable of forming the necessary intent for the act to be considered theft.

It’s important to note that the specific defenses available will depend on the laws of the jurisdiction and the specific circumstances of the case. An experienced criminal defense attorney will be able to advise on the best defenses to use in a given situation.