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By: South Sound Law Group

What Is the Difference Between Theft, Burglary, and Robbery

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At first glance, “theft, robbery, and burglary” all seem to mean the same thing. In a way, they do; they all involve property being stolen from its rightful owner. But there are specific distinctions to each term that reflect the conditions of the theft and can affect the outcomes of a legal case. 

What Is Theft?

Fundamentally, theft is taking someone else’s property by intentionally removing it and keeping it from the owner’s use. Usually, this is done without the owner’s knowledge, and they’re not present at the time of the theft. There are three degrees of theft in Washington State.

First degree: The most serious level, this is a class B felony. Theft that falls into this category includes:

  • Property or services exceeding $5,000 in value (other than a firearm)
  • Property of any value (other than a firearm) or a motor vehicle
  • A search-and-rescue dog while it’s on duty
  • Commercial or private metal property where the damage costs the owner above $5,000

The maximum sentence for a class B felony conviction is ten years in prison and/or a fine of $20,000.

Second degree: This is a class C felony and includes:

  • Property or services between $750 and $5,000 (other than a firearm)
  • Public records, writing, or instruments retained according to law or kept by a public office or servant
  • Commercial or private metal property where the damage costs the owner between $750 and $5,000
  • An access device

The maximum sentence for a class C felony conviction is five years in prison and/or a $10,000 fine.

Third degree: This is a gross misdemeanor and includes:

Property and services that don’t exceed $750 in value

Ten or more merchandise pallets, beverage crates, or a combination

The maximum sentence for a Gross Misdemeanor is 364 days in jail and/or a $5,000 fine. 

What Is Robbery?

Robbery is a more serious theft crime. It often involves force, violence, or the threat either to take or to retain the personal property of another. This type of theft usually happens when the property is taken from the owner while they’re present. The use of force or implied threat of force is required to steal the item from its owner. There are two degrees of robbery in Washington State:

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

A thief who’s committing robbery or immediately fleeing from and is armed with a deadly weapon, displays what appears to be a deadly weapon, or causes bodily injury

Commits a robbery against a financial institution

The maximum sentence for a class A felony conviction is life imprisonment in prison and/or a fine of $50,000.

Second degree: This is a class B felony and includes:

  • Robbery without the use of deadly weapons and in which no one is harmed

The maximum sentence for a class B felony conviction is ten years in prison and/or a fine of $20,000.

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.