Someone can be guilty of both burglary and robbery or of either crime separately. Although many consider both burglary and robbery to be synonymous with theft, they are distinct crimes that involve circumstances beyond basic theft.
Burglary always involves trespass but does not always involve stealing something. Robbery is a theft that involves some type of threat, force, or use of a weapon.
Theft Offenses in Ohio
Ohio divides theft offenses into petty theft and grand theft, depending on the value of the property stolen. Someone commits theft when they unlawfully take goods or services from another person without consent or beyond the limits of consent with the intent to permanently deprive the person of the property.
If the value of the goods or services is under $1,000, it is petty theft, a first-degree misdemeanor. If the value is over $1,000 or is a credit card, check, license plate, or DMV form for title or registration, it is a felony. The level of felony increases based upon the alleged loss.
What Is Burglary?
Burglary is also called “breaking and entering.” Someone commits burglary when they unlawfully trespass in any part of a non-abandoned building or structure with the intent to commit a crime.
This could be a theft crime or another type of crime, such as an assault. It is a third-degree felony. Burglary is a second-degree felony when someone else is present in the building or if the building is someone’s temporary or permanent dwelling.
Merely trespassing unlawfully in someone’s permanent or temporary habitation, without the intent to commit a crime, is a fourth-degree felony. Burglary can occur in any type of non-abandoned structure, e.g., a building, a boat, an airplane, or a vehicle.
Examples of someone’s dwelling or habitation would be the person’s house or apartment, a hotel room, or a tent.
What Is Aggravated Burglary?
Someone commits aggravated burglary when they commit burglary when they either harm or threaten to harm someone else or have a deadly weapon. Aggravated burglary is a first-degree felony.
What Is Robbery?
Someone commits robbery when they attempt or commit theft, or they are fleeing after doing so, and they:
- Have a deadly weapon,
- Harm or attempt to harm someone else, or
- Use or threaten force against someone.
Robbery is a felony. It is a second-degree felony if the person had a deadly weapon or it involved physical harm to another person. It is a third-degree felony if it involved only force or the threat of force.
What Is Aggravated Robbery?
Aggravated robbery is when someone attempts or commits theft, or is fleeing afterward, and they:
- Have a deadly weapon and make it known by showing it, using it, or indicating that they have it; or
- Seriously harm or attempt to seriously harm someone else.
Penalties
Penalties for burglary or robbery depend on the degree of the felony charge. All convictions will involve prison time and a fine. The court may also suspend or limit driving privileges in certain circumstances.
- First-degree felony: three to ten years prison and a $20,000 maximum fine;
- Second-degree felony: two to eight years prison and a $10,000 maximum fine;
- Third-degree felony: one to five years prison and a $10,000 maximum fine;
- Fourth-degree felony: six to 18 months prison and a $5,000 maximum fine; and
- Fifth-degree felony: six to 12 months prison and a $2,500 maximum fine.
Aggravating factors that would increase the penalty include theft of a:
- Firearm or deadly weapon,
- Motor vehicle,
- Dangerous drug,
- Police animal or support animal,
- Gasoline, or
- Rented property or services.
For the crime of burglary involving physical harm to another person, the seriousness of the harm is an aggravating factor.
Gounaris Abboud, LPA, Has the Criminal Defense Attorneys You Need
Our attorneys at Gounaris Abboud, LPA, have more than 50 years of experience between them, and we take bold, zealous approaches to legal defense.
Our theft crimes defense attorneys can help you understand what to expect from the legal system and devise a defense that suits your best interests. Please contact us via our website or call 937-222-1515 to schedule your consultation.
