Robbery, Burglary, Forgery and Theft Crimes
These offenses can be misdemeanors or felonies, and can carry either incarceration or probation as penalties. There are many available defenses. Often it is important to utilize experts in these cases, like DNA, handwriting, electronic recording analysis, and others. Alternative resolution to full criminal prosecution can frequently be negotiated, especially if restitution can be arranged.
WHAT IS THE DIFFERENCE BETWEEN ROBBERY, BURGLARY AND THEFT IN PA?
Under Pennsylvania law, robbery and burglary are higher felonies, whereas, theft is usually a misdemeanor, unless it is a lot of money taken or a high value item like a car that is stolen. Very often people say “my house got robbed,” when they really mean burglarized. Or they will say there was a theft from the cash register—if the thief broke in, it’s a burglary, plus a theft, and if there was a threat or violence at all involved, it’s also a robbery.
- THEFT:
Theft is the act of taking something that doesn’t belong to you and that you don’t have permission to take. There are various forms of theft, such as theft of property (like stealing a wallet from a grocery car), and theft by deception (running a scam on someone for money by creating a false impression).
These days there are so many different kinds of thefts, and most criminal defense attorneys have had very interesting theft scenarios that were questionable under the law. For example, if someone steals something that has no monetary value but has sentimental value, is that stealing?
- ROBBERY:
Robbery is stealing or attempting to steal by force or threat of force. Robbery is therefore a crime of violence. There are various forms of robbery, including robbery with a deadly weapon, robbery with the threat of serious bodily injury, and the simplest robbery is simply stealing with force or threat.
For example, if a teenager walks up to another teenager and grabs the cell phone from his hand and runs off, that is robbery, albeit the simplest form, and is a low level felony. Walking into a bank, without a weapon or mask, but handing the bank teller a note demanding money can be a robbery. It is crucial to understand that robbery does not have to involve physical injury or weapon—the mere threat to a reasonable person that they should feel threatened is enough.
- BURGLARY:
In Pennsylvania, burglary can involve a business or a residence. It is the act of breaking in or going in without permission (trespassing) and having the intent to commit a crime while entering. People often think burglary involves stealing, but it doesn’t have to involve stealing at all.
If a man breaks into a woman’s house at night, with the intent to rape her inside, and her alarm goes off which sends the man running away, he has not committed a rape, but he has committed a burglary.
It is true, however, that burglary is most often accompanied by an intent to steal once inside. The burglary statute is broken into categories, with residential being treated more seriously than commercial, and burglary with a person present in the home/business more serious than when it
is unoccupied.
Sometimes we have home invasion scenarios, and these typically involve both burglary and robbery. Our judges take these scenarios the most seriously. Another common scenario is
carjacking is a first-degree felony—the highest kind.
Title 18 in Pa, the Crimes Code, defines these offenses. If you are charged with any of these, you should consult with an experienced criminal defense attorney, to understand what qualifies and does not qualify as a crime.
