As robbery and burglary are often incorrectly used interchangeably, understanding the difference between these charges is critical, as they have distinct definitions and subsequent penalties in accordance with New York state law. Robbery generally involves using force or intimidation to steal, while burglary entails unlawful entry with the intention to commit a criminal act. As such, understanding how these charges differ is critical if you are facing legal action in Rockland County. If you have been charged with a burglary or a robbery, it is important that you reach out to an experienced New York criminal defense attorney who will defend your rights in court. Give our firm a call to learn more.
Key Difference Between Robbery and Burglary in New York
It’s important to understand that robbery and burglary are not inherently theft offenses in Rockland County and throughout New York State. While robbery is always a larceny offense, in that it involves the taking of another person’s property through the use of force or fear, burglary is a crime that centers around the unlawful entry into a structure with the intention of committing a crime. It’s critical to understand that this crime does not only need to be theft – you can face a burglary offense for unlawful entry with the intent to commit arson, kidnapping, assault, or any other offense.
Under New York Law, robbery involves the forcible stealing from another person, while burglary entails the unlawful entry into a building with the intent to commit a criminal offense.
Overview
- Robbery
- Involves force or threat of force during a theft
- Requires a victim to be present
- Robbery always involves theft
- Burglary
- Involves unlawful entry with the intent to commit a criminal offense
- Does not require a victim to be present
- Burglary does not always involve theft
Both robbery and burglary are considered felony offenses in New York, though the penalties you can face will vary based on the circumstances of the alleged crime.
How Is Robbery Defined in New York?
Larceny is defined as the theft of another person’s property. Forcible larceny is considered robbery. Using force or instilling fear in the victim to steal is considered robbery. For example, threatening violence to forcibly steal a victim’s property would be considered committing a robbery in New York.
Key Legal Elements of Robbery
- Intent to steal property from another person
- Use of physical force or the threat of force
- Always involves direct interaction with or awareness of the victim
- Immediate taking of property
What Are the Penalties for Robbery?
Depending on the degree of robbery for which the perpetrator is convicted, the penalties vary:
- First Degree: Class B felony, 10-25 years in prison
- Second Degree: Class C felony, 7-15 years in prison
- Third Degree: Class D felony, 2-7 years in prison
Penalty Overview
- First Degree: Generally involves aggravating factors, like weapons or serious injuries
- Second Degree: May involve accomplices or causing physical harm to a victim
- Third Degree: Basic, forcible theft without any aggravating factors
How Is Burglary Defined in New York?
Burglary is defined as entering a building with the intent to commit a crime or remaining on a property with the intent to commit a crime. It is also possible to commit burglary without breaking and entering. Simply remaining unlawfully inside a building with the intent to commit a crime is considered a burglary. This is still the case after being initially invited into the building.
A burglary does not have to include theft to be considered a burglary, such as assaults or sex crimes. Burglary can also be committed even if the intended crime has not yet been committed.
Key Legal Elements of Burglary
- Unlawful entry or unlawful remaining
- Intent to commit any criminal offense, not just theft
- No force requirement
- No requirement for contact with a victim
What Are The Penalties For Committing A Burglary?
Burglaries are considered felonies in most cases in Rockland County and throughout New York. Depending on the degree of burglary the perpetrator is convicted of, the penalties vary:
- First-degree burglary: Class B felony, 1-25 years in prison, potential $5,000 fine
- Second-degree burglary: Class C felony, 1-15 years in prison, potential $5,000 fine
- Third-degree burglary: Class D felony, 1-7 years in prison, potential $5,000 fine
Penalty Considerations
- As with any offense, penalties may be higher if weapons or serious injury are involved
- Penalties may also be higher for burglaries that occur in occupied dwellings
- An attempted, unsuccessful burglary can still result in felony charges
Real World Example of Robbery vs. Burglary
Understanding how these charges apply in real-life scenarios can help make the distinction between these offenses clearer. While both are serious felony crimes under New York law, they involve different elements that can impact how the law interprets these actions.
Robbery Example
- A person approaches a pedestrian on the street and demands their wallet, threatening harm if the victim does not comply
- The victim is present and in direct contact with the robber
- The crime involves force or the threat of force
- Property is taken immediately from the victim
Burglary Example
- A person unlawfully enters a home with the intent to commit assault
- No victim needs to be present at the time of entry
- No force or threat of force against a person is required
- Even if no assault occurs, the intent to commit the offense is enough to warrant a charge
Contact Our Experienced Rockland County Firm
Kevin T. Conway, Esq. has over 30 years of experience as a Spring Valley criminal attorney handling serious criminal offenses throughout Rockland County, including both robbery and burglary charges. As such, if you are facing criminal charges, our dedicated legal team is ready to represent you. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.
