Hi, this is Bradley Phillips with Phillips Law. Today we’ve got another video for you, and we’re going to be talking about the difference between theft, burglary, and robbery. One of the questions I get a lot is from people who’ve been arrested for a felony and are uncertain about what these different charges actually mean.
First, let’s start with theft. Of the three, theft is the lowest level offense. There are misdemeanor thefts and felony thefts, and that distinction is based entirely on the value of the property alleged to have been stolen. Theft is simply the unlawful taking of something with the intention of permanently depriving the owner of it. In other words, if I’m walking down the street, see something that isn’t mine, take it, and walk away without any intention of giving it back, that’s theft. If the property taken is valued at under a thousand dollars, it’s a misdemeanor. If it’s over a thousand dollars, it becomes a felony.
Next is burglary. So, what’s the difference between burglary and theft? A burglary is defined as going into some sort of property (whether it’s a house, business, or car) with the intention of taking something. For example, if I enter your house to steal your jewelry or break into your car to take something inside, that’s burglary. The big difference between a burglary and a theft comes down to sentencing. Taking something worth a couple hundred bucks outside of a structure is a misdemeanor theft, carrying up to six months in parish jail. But if I go into a building and take that same amount, it’s burglary, which starts as a felony with a sentencing range of zero to twelve years. That means taking a hundred dollars out of someone’s drawer inside a home versus taking it off a coffee table outside can result in completely different charges and consequences.
Now let’s talk about robbery. Of the three (theft, burglary, and robbery), robbery is by far the most serious. Even at its most basic level, called simple robbery, it involves using force to take something from another person. For example, if I come up to you, throw you to the ground, punch you, and take your wallet, that’s robbery. The critical distinction is that robbery is classified as a crime of violence. In Louisiana, crimes of violence are listed at the start of the revised statutes and include offenses that involve force or the threat of force. Being convicted of a crime of violence has major consequences: it stays with you forever. If you’re arrested and convicted of something like simple robbery, you can never have it expunged. So even if you make a mistake at 20 years old, that conviction will still show up on background checks 30 years later.
In contrast, burglaries and thefts, assuming certain conditions are met, can potentially be expunged once probation is completed. Another major difference involves sentencing. For example, simple burglary carries up to twelve years, while the lowest level robbery carries up to seven years. But because burglary is not a crime of violence, you’re eligible for good time, meaning you might serve only about a third of that sentence. With a crime of violence like robbery, you typically serve about two-thirds of your sentence. So, if you get twelve years on a burglary, you might serve only four. But if you get seven years on a simple robbery, you’re likely to serve almost five, actually doing more time on the shorter sentence.
Because of these differences, whenever someone comes to me charged with theft, burglary, or robbery, the first things I look at are the value of the property taken, where the incident happened, and whether force or violence was involved. It’s essential to have an attorney who can spot these crucial distinctions so you or your loved one can be properly represented and hopefully get a better outcome.
If you have any questions, initial consultations are always free, and I’d be happy to talk with you about your case. If you found this helpful, please follow us on Facebook or Instagram. We regularly post videos and share information to help answer your legal questions. Again, my name is Bradley Phillips. I’m a criminal defense attorney here in New Orleans, Louisiana. If you have any questions, please give us a call.
