Robbery and Burglary

Many people think of Burglary and Robbery as being the same or very similar; in fact they are very different.  Robbery is about either the threat of physical harm or use of physical harm to either commit a theft or in the use of escaping.  Burglary is the entering a building with the intent to commit a crime.

Robbery

Robbery is divided into three different classes called Degrees, each with its own definition and range of punishment.

Robbery 3rd Degree is a Class C Felony and is defined as:

If in the course of committing a theft a person:

  • Uses force against the owner or any person present, with intent to overcome his physical resistance or physical power of resistance; or
  • Threatens the imminent use of force against the owner or any person present, with intent to compel acquiescence to the taking of or escaping with the property.

Robbery 2nd Degree is a Class B Felony and is defined as:

If in the course of committing a theft a person:

  • Uses force against the owner or any person present, with intent to overcome his physical resistance or physical power of resistance; or
  • Threatens the imminent use of force against the owner or any person present, with intent to compel acquiescence to the taking of or escaping with the property; and
  • He is aided by another person actually present

Robbery 1st degree is a Class A Felony and is defined as:

If in the course of committing a theft a person:

  • Uses force against the owner or any person present, with intent to overcome his physical resistance or physical power of resistance; or
  • Threatens the imminent use of force against the owner or any person present, with intent to compel acquiescence to the taking of or escaping with the property; and
  • Is armed with a deadly weapon or dangerous instrument; or
  • Causes serious physical injury to another.

Burglary

Burglary is divided up into three different classes called Degrees, each with its own definition and range of punishment.

Burglary 3rd Degree is a Class C Felony and is defined as:

  • Knowingly enters or remains unlawfully in a building with intent to commit a crime therein.

Burglary 2nd Degree is a Class B Felony and is defined as:

  • Knowingly enters or remains unlawfully in a building with intent to commit theft or a felony therein and, if in effecting entry or while in the building, or in immediate flight therefrom, the person or another participant in the crime:
  • Is armed with explosives; or
  • Causes physical injury to any person who is not a participant in the crime; or
  • In effecting entry, is armed with a deadly weapon or dangerous instrument or, while in the building or in immediate flight from the building, uses or threatens the immediate use of a deadly weapon or dangerous instrument against another person. The use of or threatened use of a deadly weapon or dangerous instrument does not include the mere acquisition of a deadly weapon or dangerous instrument during the burglary.
  • If he or she unlawfully enters a lawfully occupied dwelling-house with intent to commit a theft or a felony therein.

Burglary 1st degree is a Class A Felony and is defined as:

  • Knowingly and unlawfully enters or remains unlawfully in a dwelling with intent to commit a crime therein, and, if, in effecting entry or while in dwelling or in immediate flight therefrom, the person or another participant in the crime
  • Is armed with explosives; or
  • Causes physical injury to any person who is not a participant in the crime; or
  • Is armed with a deadly weapon or dangerous instrument or, while in the dwelling or immediate flight from the dwelling, uses or threatens the immediate use of a deadly weapon or dangerous instrument against another person. The use of or threatened use of a deadly weapon or dangerous instrument does not include the mere acquisition of a deadly weapon or dangerous instrument during the burglary.

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