What Is the Difference Between Theft, Burglary, and Robbery

At first glance, “theft, robbery, and burglary” may seem interchangeable. In a sense, they are—all involve stealing property. However, each term has specific legal definitions that reflect how the theft occurred and can significantly impact the outcome of a legal case.

What Is Theft?

Theft involves taking someone else’s property with the intent to deprive the owner of its use. Typically, the owner is not present and unaware when the property is taken. Washington State recognizes three degrees of theft:

First Degree Theft (Class B Felony) includes:

• Property or services valued over $5,000 (excluding firearms)

• Any property or motor vehicle (excluding firearms)

• A search-and-rescue dog on duty

• Commercial or private metal property causing more than $5,000 in damage

Maximum penalty: 10 years in prison and/or a $20,000 fine.

Second Degree Theft (Class C Felony) includes:

• Property or services valued between $750 and $5,000 (excluding firearms)

• Public records or documents held by a public office

• Commercial/private metal property with damage between $750 and $5,000

• An access device

Maximum penalty: 5 years in prison and/or a $10,000 fine.

Third Degree Theft (Gross Misdemeanor) includes:

• Property or services valued at $750 or less

• Theft of 10+ merchandise pallets or beverage crates (or a combination)

Maximum penalty: 364 days in jail and/or a $5,000 fine.

What Is Robbery?

Robbery is considered more serious than theft. It involves using or threatening force to take property from someone, usually while they are present. Washington State classifies robbery in two degrees:

First Degree Robbery (Class A Felony) includes:

• Being armed or displaying what appears to be a deadly weapon during the robbery

• Causing bodily injury

• Robbing a financial institution

Maximum penalty: Life in prison and/or a $50,000 fine.

Second Degree Robbery (Class B Felony) includes:

• Robbery without weapons or physical harm

Maximum penalty: 10 years in prison and/or a $20,000 fine.

What Is Burglary?

Burglary is theft that occurs when the thief breaks into and enters a building to commit the theft. There are four types of burglary in Washington State:

First degree: This is a class A felony and includes:

• A person who intentionally enters a building to commit a crime and is armed with a deadly weapon or assaults someone

The maximum sentence for a first-degree burglary conviction is life in prison and/or a $50,000 fine.

Residential burglary: This is a class B felony and includes:

• Someone who enters or remains illegally in a dwelling other than a vehicle with the intention of committing a crime

The maximum sentence for a first-degree burglary conviction is ten years in prison and/or a $10,000 fine.

Second degree: This is also a class B felony, although it’s usually not as severe as residential burglary, and includes:

• Someone who enters a building with the intent to commit a crime against a person or property but isn’t armed and isn’t burglarizing a home

The maximum sentence for a second-degree conviction is ten years in prison and/or a $10,000 fine.

Possession of burglar tools: This is a gross misdemeanor and includes:

manufacturing or possessing burglary tools that could enable a burglary, including lock picks and false keys.

The maximum sentence for possession of burglar tools conviction is one year in jail and/or a $5,000 fine.

Let Us Advise You

The laws concerning theft, burglary, and robbery can be complex. Call us at 253-383-3328 to discuss your specific case and needs.