Although the terms robbery and theft are interchangeable in common language, they are two different types of criminal activities in law. Both of these acts involve taking someone else’s property without their consent. The difference in this case is that one consists of using force or threat and having a victim present during the crime being committed.
These are important distinctions to make for professionals in the legal field and the public simply because these crimes will be handled differently when it comes time to report, prosecute, and punish them.
In this blog, we will explain the elements of robbery vs theft, explain their legal consequences, and define the difference between burglar and robber.
Theft Defined
Theft, in law, is a general term covering a variety of specific types of stealing including the crimes of larceny[1], robbery, and burglary.
In legal terms, theft is when someone takes something that doesn’t belong to them without the owner’s permission and with the intention of keeping it permanently.
The thief doesn’t have to want to keep the stolen property for themselves; intending to sell, destroy, or abandon it where it won’t be found is enough.
For instance, when a car is stolen, it’s often sold or dismantled for parts. Sometimes, the intention to temporarily deprive the owner of the property is also enough, like when a car is stolen for a joyride and then abandoned where the owner can find it.
Key Elements of Theft:
As per Section 1 of the Theft Act 1968, the legal definition of theft is[2] – a person commits theft if he intentionally/ dishonestly appropriates property that belongs to another person. This definition can consist of the following types of theft:
- Dishonesty: The essential requirement for theft is that the person must have acted dishonestly. This implies that they must have been aware that taking the property was wrong and that they did it to keep it for themselves.
Additionally, the property must have been taken without the owner’s consent. In other words, if the owner gave permission for the property to be taken, it cannot be considered theft.
- Taking: The next requirement is that the individual must have taken possession of the property. This contains physical taking as well as situations where the person has control over the property, such as in cases involving fraud or deception.
- Property: The property that is taken must belong to another person. This can involve any type of property whether it is commercial or residential including money, goods, and even pets.
- Intent To Permanently Deprive The Owner Of It: The mental state of the person committing the theft is important. They must intend to keep the property for themselves or prevent the rightful owner from getting it back. This is what sets theft apart from borrowing or accidentally taking something.
Define Robbery
Robbery, a crime that has its roots in common law[3] , is the act of unlawfully taking someone else’s property through violent force or the threat of force, to permanently deprive them of it.
This involves the use of force or the threat of force, it is considered more serious than other theft crimes, like larceny, for example, which do not involve force.
Well, the main difference between robbery vs. theft is the use of force or intimidation in the act of taking property directly from someone.
The elements of the crime of robbery generally include:
- taking someone else’s property from their person or in their presence
- using violent force or the threat of force
- and having the intention of permanently depriving them of their property
Legal Consequences: Theft vs Robbery
Penalties for Theft
The legal consequences for a person convicted of theft differ based on the jurisdiction and the details of the crime, especially the value of the stolen property.
Theft is usually classified into different levels depending on the value of the property taken, with penalties ranging from small fines to significant prison sentences.
Legal Consequences And Impact On The Severity Of The Penalties:
- Petty Theft: This usually involves property valued below a certain threshold (e.g., $1000 in California). It is often classified as a misdemeanor, punishable by fines, community service, or imprisonment for up to one year.
- Grand Theft: Involves property exceeding a specified value (e.g., more than $950 in California) and can be charged as either a misdemeanor or a felony.
Felony grand theft can result in significant prison time, often ranging from 16 months to three years or more, depending on the state and the specifics of the case.
- Federal Theft Law: According to 18 U.S. Code § 641[4] , a federal law that prohibits the theft, embezzlement, or unlawful conversion of U.S. government property. It also criminalizes receiving, concealing, or retaining such property with the knowledge that it was stolen.
Penalties vary based on the property’s value: If it exceeds $1,000, the offender can face up to ten years in prison, while theft of lesser value can result in up to one year in prison. The law is designed to protect government property from unauthorized use or theft.
Aggravating and Mitigating Factors:
- Aggravating Factors: Factors that can increase the severity of the penalty include the use of force, theft involving vulnerable victims (e.g., the elderly), prior criminal history, or theft of essential items (e.g., a vehicle or medical supplies).
- Mitigating Factors: These can include the absence of a prior criminal record[5] , the return of stolen property, or cooperation with law enforcement. Mitigating factors may lead to reduced charges or lighter sentencing.
Penalties for Robbery
Robbery is a harsh crime that entails employing force, intimating, or threatening the victim into giving up his property. Unlike theft, which may occur without the victim’s immediate presence, robbery directly endangers the victim, making it a more severe offense in the eyes of the law.
California Penal Code Section 211[6]: Defines robbery as the taking of personal property from another person through force or fear, classifying it as a violent crime[7] The statute underscores the seriousness of robbery due to the threat or use of force.
Federal Law: 18 U.S.C. § 1951 (Hobbs Act)[8] – The Hobbs Act, is a federal law that prohibits robbery or extortion of any substance whatsoever in interstate commerce (with somewhat challenging ways for Congress to prove those cases). This statute covers a robbery that carries with it up to 20 years in federal prison (with extra penalties if there are firearms).
California Penal Code Section 213: This law defines the penalties for robbery in California. According to this law:
- First-Degree Robbery: In California, first-degree robbery can occur in specific situations, such as when the victim is a driver or passenger in a vehicle, when the crime takes place in an inhabited dwelling (like a house or apartment), or when the victim has just used an ATM. The penalty for first-degree robbery can include imprisonment in a California state prison for three, six, or nine years.
- Second-Degree Robbery: Any robbery that does not meet the criteria for first-degree robbery is considered second-degree robbery. The penalty for second-degree robbery includes imprisonment in state prison for two, three, or five years.
What Are the Key Differences Between Theft and Robbery?
Robbery and theft differ in several respects, but the main difference that makes robbery the more serious offense is the potential for physical harm to a victim.
Person vs. property offense: Theft is a crime against property, while robbery is a crime against a person, making robbery more serious.
Theft involves taking or attempting to take money or property without using violence. On the other hand, robbery involves using force or the threat of force.
Victim presence: This is the main difference between robbery and theft. Robbery, unlike theft, entails taking property directly from or in the presence of a person, which places the victim in the path of direct harm.
Penalties: The penalties for theft and robbery reflect the potential for physical harm and violence to a victim. Robberies generally start as felonies, and a defendant convicted of robbery will likely face prison time. On the other hand, thefts can result in misdemeanor penalties. Even for felony theft, a person may potentially receive felony probation[9] and spend little time behind bars.
Theft vs Robbery: How do they Differ from Burglary?
While theft and robbery both involve unlawfully taking someone’s personal property, burglary is a different type[10] of crime altogether. The main distinction lies in how these crimes are committed.
Theft is the act of taking property with the intent to commit to permanently deprive the owner, without any direct interaction with the victim.
Robbery, however, involves force or the threat of force against the victim during the crime, making it more severe.
On the other hand, burglary involves unlawfully entering a building or structure with the intent to commit theft or another felony inside. Unlike robbery, burglary doesn’t require the presence of a victim, nor does it involve the use of force against a person. The key factor is the unlawful entry, coupled with the intention to commit a crime once inside.
All in all, theft and robbery focus on taking property, and burglary is centered around illegal entry into a space with criminal intent, regardless of whether the intended crime is actually carried out.
Knowing the distinctions between robbery and theft is crucial for legal professionals and the general public alike. While both crimes involve unlawfully taking someone’s property, robbery is considered more severe due to the use of force and direct threat to victims.
This difference is reflected in the criminal charges and potential sentences for each offense. By recognizing these differences, we can better understand the legal system’s approach to property crimes and the varying degrees of severity of criminal acts.
If you or someone you know is facing charges related to theft, robbery, or burglary, it’s important to seek legal assistance. Contact us today for expert advice and representation to ensure your rights are protected.
References
- Manshoory, S. (2023, September 19). Larceny vs Theft: What’s the Difference? | Manshoory Law Group. Manshoory Law Group, APC. https://manshoorylaw.com/blog/larceny-vs-theft/
- Bernard, T. J. (1998, July 20). Theft | Definition, Penalties & Types. Encyclopedia Britannica. https://www.britannica.com/topic/theft
- common law. (n.d.). LII / Legal Information Institute. https://www.law.cornell.edu/wex/common_law
- 1643. Definition — property protected by 18 U.S.C. 641. (2020, January 17). https://www.justice.gov/archives/jm/criminal-resource-manual-1643-definition-property-protected-18-usc-641
- Manshoory, S. (2017, February 13). How do my prior convictions affect my current case? | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/the-impact-of-past-convictions-on-current-prosecutions/
- Codes display text. (n.d.). https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml
- Manshoory, S. (2023, September 20). What would be considered a violent crime in California? | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/violent-crimes-in-california/
- 9-131.000 – The Hobbs Act – 18 U.S.C. § 1951. (2023, December 15). https://www.justice.gov/jm/jm-9-131000-hobbs-act-18-usc-1951
- Parker, D. (2023, November 14). Felony probation in California: How does felony probation work ? Manshoory Law Group, APC. https://manshoorylaw.com/blog/felony-probation/
- Parker, D. (2024, August 13). Second degree burglary: The difference between first and second degree burglary in California | Manshoory Law Group, APC. Manshoory Law Group, APC. https://manshoorylaw.com/blog/second-degree-burglary/
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