While theft can refer to a broad range of criminal offenses, these individual offenses can vary widely in their elements. These elements include how they’re executed, the context behind the offense and the circumstances surrounding them.
Take, for instance, the offenses of burglary and robbery. They may seem like similar crimes – they both involve theft, after all. However, under Oklahoma law, each is a distinct offense with different elements.
If you’re facing charges for either offense, it’s important to understand the key differences between them.
Defining robbery
According to state law, robbery is the wrongful taking of another person’s property within their immediate presence and against their will. The law also notes that robbery may be accomplished either through force or intimidation.
There are two degrees of robbery in Oklahoma:
- First-degree robbery: This is robbery accompanied by the use of a dangerous weapon or imitation firearm, or when the victim suffers bodily injury. First-degree robbery is a felony punishable by up to life in prison.
- Second-degree robbery: This is any robbery not accompanied by a dangerous weapon or bodily injury. Second-degree robbery is a felony punishable by up to 10 years in prison.
Whether a weapon is involved or not, robbery is always a felony offense.
Defining burglary
On the other hand, burglary is defined by state law as breaking and entering a dwelling, room, booth, tent, railroad car, or any building or structure with the intent to commit a felony or larceny. Unlike robbery, burglary does not necessarily involve the use of force or threat against a person.
Burglary has three degrees:
- First-degree burglary: This involves burglary of a dwelling while someone else is inside and is a felony punishable by up to 20 years in prison.
- Second-degree burglary: This involves burglary of a dwelling when nobody else is present or any building or structure other than a dwelling. This is a felony punishable by up to seven years in prison.
- Third-degree burglary: This involves breaking into an automobile, trailer or vessel to steal the property within or attached to said vehicle. This is a felony punishable by up to five years in prison.
Like robbery, burglary is also always a felony offense.
The primary difference between robbery and burglary lies in the involvement of force or threat against a person. Additionally, robbery is a more serious offense than burglary.
While both robbery and burglary are serious crimes in Oklahoma, it’s essential to understand their distinct legal definitions and potential consequences. If you or someone you know is facing charges related to either offense, a legal professional may be able to advise you on your case.