Robbery vs. Burglary: What’s the Difference?

If you are facing criminal charges in Wisconsin for taking someone else’s property, you must know the difference between robbery and burglary. Though often used interchangeably, these terms have distinct legal definitions. Whether you are at risk of a court entering a felony or petty theft charge against you, you need a lawyer on your side. An experienced criminal defense attorney can help you understand what property crime you have been charged with and what is more serious, robbery or burglary. 

What Is Theft In Wisconsin? 

Wisconsin law defines “theft” as follows: 

• Intentionally taking and carrying away the movable property of someone else without their consent and with the intent to permanently deprive them of possession. 
• Intentionally using or retaining possession of money (or securities) in your possession due to your position or job with the intent to convert it. Refusal to return it to the owners is prima facie evidence of the intent to convert it. 
• Intentionally and without consent taking property out of the possession of a pledgee or other person with a superior right to the property with the intent to permanently deprive them of it. 
• Obtaining title to someone else’s property by intentionally deceiving them with a false representation made with the intent to defraud them. 
• Intentionally failing to return any personal property in possession by virtue of a written lease or rental agreement after the lease or agreement has expired. 

In Wisconsin, robbery and burglary are two types of theft crimes you can be charged with, as explained below. 

What Is Robbery? 

Under Wisconsin law, robbery is a Class E felony involving taking property from someone else with the intent to steal it by force or by threatening the imminent use of force or fear to compel the property owner to acquiesce in the taking of the property. To be guilty of robbery, you must have the intent to commit the crime and involve the use of force. Unlike a burglary charge, you must threaten or physically harm the property owner. Examples of robbery include holding up a retail store with a deadly weapon and taking the money from the cash register, and mugging someone and taking their wallet or watch.   

What Is Burglary? 

You may be found guilty of a burglary charge if you intentionally enter a building or other dwelling without the property owner’s consent with intent to commit a felony or steal something. However, entering a place when it is open to the general public, such as a convenience store, does not constitute unlawful entry for burglary. Burglary is not a violent crime, but instead, merely entering a place of business or someone’s home without consent with the intent to commit a crime can satisfy the elements of burglary. 

For the prosecutor to prove you committed burglary, they must present evidence to show the following: 

• Unauthorized entry – You must have entered a business or home without the property owner’s permission. 
• Intent to Commit a Crime – When you enter the building, you must possess the intent to commit a felony or theft crime. 

What are the types of burglary? They include breaking into someone’s home and stealing jewelry or other valuables, breaking into a business with the intent to take property but leaving without the items you intended to take, or entering a closed retail store after business hours to stalk an employee. 

What Is The Penalty For Burglary? 

Under Wisconsin law, burglary is a Class F felony, meaning a potential prison sentence of up to twelve years and six months. A conviction also results in fines of up to $25,000. If someone commits burglary involving a dangerous weapon or enters a building that is occupied, the penalties may be greater for a Class E felony. 

What Is The Penalty For Robbery?

Robbery, on the other hand, can result in a Class E felony conviction. This carries a penalty of a prison term of up to fifteen years and fines of up to $50,000. More severe penalties can be ordered if a dangerous weapon is used, elevating the crime to “armed robbery,” a Class C felony. 

What Are The Key Differences Between Robbery And Burglary? 

Your attorney will help you understand the difference between robbery and burglary. However, a few factors can help you distinguish between whether a robbery or burglary charge is appropriate: 

• Location of the alleged crime – Robbery can occur anywhere you and the alleged victim meet, including on the street or in a store. A burglary occurs when there is an unlawful entry into a home or business. 
• A victim – Whether an alleged victim is present is a significant difference between these crimes. While a a confrontation with the alleged victim characterizes robbery, burglaries generally occur without the presence of a victim. 
• The use of force – A robbery charge requires the use of force or threat of force (also described as violence or the threat of violence) to take the property, whereas burglary does not require the use of force. 

While robbery and burglary are both types of theft, robbery is a violent crime because it involves the use of force and another person. Because burglary, a “breaking and entering” offense, targets property instead of a person, it differs from robbery. 

How Can A Criminal Lawyer Help Me? 

Whether you have been charged with robbery or burglary, having an experienced criminal law attorney by your side is critical to developing the strong defense you need. A criminal conviction can have life-altering consequences. Regardless of the level of felony charge you are facing, you need a lawyer to serve as your legal advocate against the prosecution. 

At Hart Powell, S.C., we understand this may be a challenging time in your life. Rest assured, your attorney will explain the charges and answer all your questions as they help you navigate the Wisconsin criminal justice system. 

Contact Hart Powell, S.C. Today 

The Milwaukee criminal defense attorneys at Hart Powell, S.C. stand ready to help you. We have extensive experience handling more than 300 felony cases in state and federal courts in Wisconsin. Regardless of the complexity of your case, you can trust an attorney from our firm to build a robust defense on your behalf and vigorously defend you against the charges you are facing. If you are concerned about protecting your legal rights, contact our office today at [phone-number].