Many people use the terms theft, burglary, and robbery interchangeably. To some, these seem to be the same thing. However, under Kentucky law, these are three very distinct crimes. If you are charged with any one of these offenses, it will be crucial to your defense that you know and understand the differences between these property offenses. The facts and circumstances of your specific charges will determine your guilt or innocence for any of these charges, as will any consequences you may be facing if you are found guilty of one or more of them.
What Is Theft?
Under Kentucky law, theft is defined as the stealing of any property that does not belong to you. As you can probably imagine, this is a very broad category, encompassing everything from shoplifting and petty larceny to motor vehicle theft and extortion. The level of the offense will depend on a number of factors. For example, if you are charged with using a threat of violence or a weapon in the pursuit of the theft, you will face greater consequences than if it was a case of nonviolent theft, like shoplifting or fraud. Furthermore, the value of the property will also have an impact on potential consequences, as the larger the loss by the alleged victim, the greater any potential prison or jail time, as well as post-incarceration parole, you will face if you are convicted. For example, shoplifting may be treated as a misdemeanor with a fine, probation, and little or no jail time, while a motor vehicle theft and a theft by fraud will be felonies that can lead to significant time in prison if convicted.
What Is Burglary?
Many people use the term burglary to connote a robber who breaks into a house to commit a theft. This is only partially true. Kentucky law defines burglary as the unlawful entry or remaining on someone else’s property without the owner’s consent with the intention of committing a crime. The usual crime that is involved in a burglary is a theft. However, it can also involve an assault or other violent crime. Burglary is sometimes known as breaking and entering, in the sense that you are breaking into someone’s home, office, or other place and entering into it unlawfully. It can even involve the unlawful entry into a motor vehicle, aircraft, or ship.
Burglary should not be confused with trespassing. While both offenses involve entering someone else’s property or premises without permission, burglary entails an allegation that you committed the illegal entry in order to commit another crime. Trespassing is simply an unlawful and unauthorized entry.
What Is Robbery?
Robbery is a form of theft that involves violence or the threat of violence. For example, if you are accused of using a weapon to commit the theft, this will be deemed first-degree robbery under Kentucky law. This is a felony that can lead to a significant prison sentence, as well as a long period of post-incarceration parole. This is because robbery is considered a violent crime, unlike theft and burglary, unless the charge for either crime involves the use of threats of violence or the possession of a weapon at the time of your arrest.
What Are the Key Differences Between the Three Offenses?
Robbery can actually be considered a form of theft. While all thefts are not robberies, all robberies involve the attempt to commit a theft, meaning that they involve trying to steal property from another person by threats or violence. Burglary is a completely separate offense from the other two. While theft and robbery involve attempts to steal money, burglary is an offense against the actual property that you are accused of entering without permission and with the intent to commit a crime. The intended crime in a burglary is usually theft or robbery.
If You Are Charged With Theft, Robbery, or Burglary, Call Our Firm Today to Get the Representation You Need to Protect Your Rights
Theft, robbery, and burglary are three of the most common criminal offenses here in Kentucky. If you are charged with any or all of these crimes, the experienced criminal defense attorneys at the Dickman Law Office can provide you with the representation you need to protect your rights and ensure that you get a fair trial. Contact our office today.
Posted in: Criminal Defense, Theft crimes