Robbery vs. Burglary vs. Theft in Maryland: Understanding the Differences

When we’re talking about crime, a lot of people use the terms robbery, burglary, and theft interchangeably. But under Maryland law, each of these crimes is different, and using the wrong term could lead to confusion about the potential penalties you’re facing. On the most basic level, theft involves taking someone’s property, while robbery involves theft with force or threat. Burglary is unlawful entry with the intent to commit a crime.

Wondering about the charges you’re facing and what they mean for your future? We’re here to help. Call Drew Cochran, Attorney at Law, to schedule a time to meet with a criminal defense lawyer now.

What is theft in Maryland?

This is the most straightforward of the three related offenses. Maryland law considers theft to have occurred when someone takes or controls another person’s property without their permission. The perpetrator must also have the intent to deprive them of their property.

The law does not require that the perpetrator use force or that the property be taken directly from its rightful owner. Some of the more common examples of theft include:

• Shoplifting from a store
• Taking unattended property
• Keeping property that was accidentally given to you

Intent is a crucial part of proving theft. To be convicted of theft, an individual must be shown to have intended to keep the property or deprive the owner of it.

What is robbery in Maryland?

The definition of robbery includes theft; it involves taking property from another person without their consent. However, it also involves the use of force, violence, or intimidation. For a prosecutor to prove robbery, they have to show that the property was taken from another person with some degree of threat or force. Common examples of robbery include:

• Mugging an individual on the street
• Taking property while threatening harm
• Using intimidation to force someone to hand over their belongings

There are some factors that lead to more severe penalties. Robbery with a dangerous weapon involves committing robbery while using or displaying a dangerous weapon or representing possession of one.

Robbery is generally treated more harshly by the criminal justice system because it involves actual harm or risk to a person, not just loss of their property.

What is burglary in Maryland?

Burglary is significantly different from theft and robbery. Rather than focusing on taking property belonging to another person, burglary charges focus on unauthorized entry. Maryland burglary laws generally involve breaking and entering or unlawfully entering certain structures with the intent to commit a crime inside. This crime is often theft, but that’s not required. Examples of burglary include:

• Breaking into a home to steal property
• Entering a business after hours to vandalize or steal property
• Staying in a building without consent with criminal intent

Note that this crime generally requires the required entry or presence and the intent to commit a crime or theft, depending on the degree charged. You do not actually have to commit the second crime to have committed burglary.

Key differences separating these three crimes

These offenses are related but distinctly separate. The differences come down to the key elements of each charge:

• Theft: Involves taking property; does not require force; no unlawful entry required
• Robbery: Involves taking property directly from a person; does require force or threat; victim is present
• Burglary: Involves unlawful entry into a structure; requires intent to commit a crime inside; second crime does not have to be completed

These distinguishing factors determine how a crime is charged and how your criminal defense lawyer may represent you in your case.

What are the degrees and classifications of these crimes?

Within each of these criminal charges, you’ll find further distinctions affecting potential penalties.

Theft

Theft can be either a misdemeanor or a felony, depending on the value of the stolen property. Theft penalties are tiered based on the value of stolen property. There are multiple misdemeanor and felony thresholds.

Robbery

Robbery and armed robbery are the two main ways robbery is defined and penalized. The penalties for armed robbery are significantly harsher than the penalties for robbery.

Burglary

Burglary is separated into four categories in Maryland:

• First-degree: Involves breaking and entering a dwelling; this is the most serious degree of burglary
• Second-degree: Involves storehouses and similar structures
• Third-degree: Requires entry with intent to commit a crime
• Fourth-degree: Covers several lesser burglary-related offenses, including possession of burglar’s tools and certain unlawful entries or presence on property with criminal intent.

How do prosecutors decide which charge to file?

The specific charges filed in a Maryland criminal case depend on the facts of the case and the evidence available. Prosecutors will look at various factors, including whether or not force was used, if there was unlawful entry, the value of the property stolen, and the intent behind the actions.

It’s not uncommon for one incident to result in multiple charges. Consider, for example, someone who breaks into someone’s home and steals their electronics. They may be charged with burglary for entering someone’s home and intending to commit a crime. Then, because they actually committed the second crime, they may be charged with theft. If the homeowner was home at the time and the perpetrator used a weapon to force them to comply, the second charge may be robbery with a dangerous weapon instead of theft.

Protect your future with Drew Cochran, Attorney at Law

We understand the uncertainty and stress that come with criminal charges—and that’s why we’re here to support you as you fight for a second chance. Call us or reach out online to schedule a time to meet now.