Theft and burglary charges are two of the most serious property crimes one can be accused of, and they can carry heavy legal consequences. Whether you’re facing charges or simply seeking a better understanding of these offenses, it’s important to comprehend what they involve, how the legal system treats them, and what defenses might be available to those charged with such crimes.

In this blog post, we’ll delve into the definitions of theft and burglary, the legal ramifications of being charged with these offenses, and the common defenses that might help someone defend themselves in court.

What is Theft?

Theft, also referred to as larceny in some jurisdictions, is the unlawful taking of someone else’s property with the intent to permanently deprive them of it. While the specific legal definitions can vary slightly depending on jurisdictions, the basic principles remain similar. To be convicted of theft, prosecutors must prove several key elements:

• Taking: The defendant must have taken property from another person.
• Without Consent: The property must have been taken without the owner’s consent.
• Intent to Permanently Deprive: The defendant must have intended to keep the property or use it in such a way that the owner would never recover it.

Theft can occur in many forms. For example, someone might steal from a store (shoplifting), take someone’s wallet (petty theft), or engage in identity theft.

What is Burglary?

Burglary, on the other hand, involves unlawful entry into a building or structure with the intent to commit a crime, usually theft. Burglary charges often depend on these specific conditions:

• Unlawful Entry: The defendant must enter a structure, either through force or by remaining in the building without permission.
• Intent to Commit a Crime: Upon entering, the defendant must have the intent to commit a crime, which can include theft, assault, or vandalism.

It’s important to note that burglary doesn’t always involve breaking and entering. For instance, one can be charged with burglary for entering a house with the intent to commit a crime, even if the door was unlocked.

What is the Difference Between Burglary and Theft?

The key difference between burglary and theft is the element of entering a building or structure unlawfully. In most cases, the defendant does not actually need to steal anything to be convicted of burglary. The mere intent to commit a crime once inside is sufficient.

Varying Severity to Theft and Burglary Charges

The severity of theft and burglary charges varies depending on several factors, such as the value of the property stolen, the location of the crime, and whether a weapon was involved. These are common types of theft and burglary:

• Petit Theft (Petty Larceny): This involves stealing property of a relatively low value, typically under a specified dollar amount (often $500.00 or less). Petit theft is usually a misdemeanor.
• Grand Theft (Grand Larceny): This involves stealing property of greater value, typically exceeding the dollar threshold set by law (often $500.00 or more). Grand theft is typically classified as a felony, leading to more serious consequences.
• Residential Burglary: A burglary involving a home or dwelling is often considered a more serious offense than one involving a business or unoccupied building. Residential burglaries are usually felony charges and can carry significant penalties.
• Commercial Burglary: When the unlawful entry occurs at a business or commercial establishment, the penalties can vary. In some cases, it may be classified as a felony or misdemeanor, depending on the specifics of the case.
• Armed Burglary: If the defendant is accused of committing burglary while armed with a weapon, such as a knife or gun, the charges are often upgraded to a more serious felony, carrying heightened penalties.

Penalties of Theft and Burglary Charges

The penalties for theft and burglary convictions vary widely depending on the crime’s nature and jurisdiction. Common penalties include:

• Fines: Both theft and burglary convictions often result in substantial fines.
• Probation: For less severe cases, especially for first time offenders, probation may be an option.
• Incarceration: Depending on whether the offense is classified as a felony or misdemeanor, offenders may face prison sentences. Felony convictions, particularly for grand theft or burglary, may result in long-term imprisonment.
• Restitution: Defendants may be ordered to compensate victims for their stolen property or damages incurred during the crime.
• Criminal Record: A conviction for theft or burglary will appear on a criminal record, which can have long-term impacts on employment opportunities and other aspects of life.

What is the Best Defense Against Theft and Burglary Charges?

When facing theft or burglary charges, there are several legal defenses that might be available. Below, we’ll explore some of the most common and effective defenses in theft and burglary cases:

1. Lack of Intent

Both theft and burglary require the prosecution to prove that the defendant had the intent to commit the crime. Without the requisite intent, a conviction is impossible. For example:

In theft cases, if the defendant took the property but did not intend to permanently deprive the owner of it (e.g., they mistakenly took the wrong Item), they may not have the necessary intent to steal. In burglary cases, if the defendant entered a property without the intent to commit a crime, they may not meet the legal definition of burglary, even if they entered unlawfully.

2. Mistake of Fact

A common defense in theft cases is the mistake of fact defense. This defense argues that the defendant did not knowingly take someone else’s property. For instance, if a defendant mistakenly believed that an item was theirs or had permission to take it, they may not be guilty of theft. This defense is often used in cases of petty theft or minor misappropriations.

3. Consent

If the property owner gave consent for the defendant to take their property, this can negate the theft charge. Similarly, in burglary cases, if the defendant was given permission to enter the property, they cannot be convicted of unlawful entry or burglary.

4. Alibi

An alibi defense involves proving that the defendant was not at the scene of the crime when it occurred. If the defendant can present credible evidence, such as witness testimony or surveillance footage, that they were elsewhere at the time of the theft or burglary, they may be exonerated.

5. Coercion or Duress

If the defendant committed theft or burglary under threat of harm to themselves or others, this may constitute duress. Duress occurs when someone is forced to commit a crime because of an imminent threat. If this defense is successful, the defendant may avoid liability for the crime. This is often a defense when a minor is recruited for a crime or someone is made to shoplift against their will.

6. Lack of Evidence

In criminal law, the burden of proof is on the prosecution. If the prosecution fails to provide sufficient evidence linking the defendant to the crime, the case can be dismissed or result in a not guilty verdict. Defense attorneys will often challenge the evidence presented, including questioning the credibility of witnesses or the reliability of physical evidence.

7. Entrapment

Entrapment occurs when law enforcement or another person in authority induces or coerces someone to commit a crime that they otherwise would not have committed. If a defendant can show that they were entrapped into committing theft or burglary, they may have a valid defense.

My Final Thoughts

Theft and burglary charges are serious criminal offenses with significant legal consequences. Understanding the key differences between the two crimes, the types of charges that may arise, and the potential defenses available can help individuals facing such charges better navigate the legal system.

If you’ve been accused of theft or burglary, it’s essential to consult with a skilled criminal defense attorney who can evaluate the facts of your case and determine the best strategy to protect your rights and future. Whether through challenging the evidence, asserting an alibi, or raising other defenses, an experienced lawyer, or yourself when acting pro se, can mount a strong defense against theft and burglary charges.

If you, or someone you know, will be proceeding to trial, challenging a criminal sentence, pursuing post-conviction relief, or litigating a Civil Rights Section 1983 lawsuit, our books are crucial resources in the pursuit of justice. Purchase your copy today, or on behalf of someone incarcerated who may have seen our advertisement in Prison Legal News magazine.