Burglary vs. Robbery: Legal Differences Explained

People may consider burglary and robbery as two types of theft crimes, with a burglary involving a theft that occurs when someone breaks into another’s property to steal items inside and a robbery involving stealing property from someone in public. However, burglary and robbery have several differences that make the scope of each crime broader than some people may realize. As a result, an arrested criminal suspect may experience surprise and confusion when charged with burglary or robbery. Understanding burglary and robbery under Ohio law can help you pursue a compelling defense to fight your charges.

Understanding Burglary

Ohio law defines the crime of burglary as using force, deception, or stealth to:

• Trespass in an occupied structure, with another person other than the offender’s accomplice(s) present, with the intent to commit a criminal offense in the structure
• Trespass in an occupied structure, with a resident or occupant of the structure likely inside the structure, with the intent to commit a criminal offense inside
• Trespass in an occupied structure with the intent to commit a criminal offense therein

Burglary constitutes a third- or second-degree offense in Ohio.

Understanding Robbery

Robbery under Ohio criminal law occurs when a person, in attempting or committing a theft or fleeing immediately after the attempt or offense:

• Has a deadly weapon on or about their person or under their control
• Inflicts, attempts to inflict, or threatens to inflict injury upon another person
• Uses or threatens the immediate use of force upon another person

Robbery also constitutes a third- or second-degree offense in Ohio.

Legal Differences Between Burglary and Robbery

Although some people consider robbery and burglary as theft-related offenses, burglary does not have to involve theft. Instead, burglary focuses on the unlawful entry of an occupied structure with the intent to commit any criminal offense inside. Conversely, robbery focuses on whether a person uses, attempts to use, or threatens some force or injury during an attempted or committed theft or has the means to inflict injury when committing or fleeing from a theft.

Penalties for Burglary vs. Robbery

Penalties for burglary or robbery convictions will depend on the grading of the offense. As a third-degree felony, burglary and robbery carry a penalty of nine to 36 months in prison plus a potential fine of up to $10,000. However, when a defendant’s case involves two or more separate burglaries or robberies, the defendant may face an extended sentencing range of 12 to 60 months in prison. As a second-degree felony, a burglary or robbery conviction carries penalties of two to eight years in prison and a fine of up to $15,000. Repeat offenders may face an enhanced sentencing range of up to 10 years’ imprisonment.

Contact a Theft Defense Attorney Today

Following an arrest for burglary or robbery in Ohio, you need experienced legal counsel to develop and present a compelling defense to contest the charges. Contact DiCaudo, Pitchford & Yoder today for a free, confidential consultation with our team to discuss your options for pursuing a resolution that best protects your rights, reputation, and future.