Robbery and burglary are terms that are often used synonymously. However, in the eyes of the law, these two terms have very different meanings, and as a result, different charges and penalties. As such, understanding what constitutes each of these offenses is critical, especially if you are facing charges. The following blog explores what you should know about these complex legal matters, including the importance of working with Nassau County criminal defense attorneys to represent you during these complex times.
How New York Defines Robbery
Under NY Penal L § 160.00, robbery is defined as forcible stealing. As such, any use of physical force or threatening to use physical force against another party while committing larceny is considered a robbery.
Key Elements of Robbery
To be charged with and convicted of a robbery offense on Long Island and across New York, the following elements must be present:
- Intent to steal
- Physical force or threat of physical force
- Property stolen
What Are The Penalties For Robbery In New York?
Under New York law, robbery is a serious criminal offense, warranting a felony charge.
Robbery Sentencing Guidelines
- Third Degree: Class D felony, 2-7 years in prison
- Second Degree: Class C felony, 7-15 years in prison
- First Degree: Class B felony, 10-25 years in prison
How New York Defines Burglary
Though many assume that burglary is classified as a larceny offense, this is not always true. Under NY Penal L § 140.20, someone commits burglary when they trespass or unlawfully enter or remain on a property with the specific intent to commit a crime within a building. It’s important to understand that this is not exclusive to larceny offenses.
Unlike robbery, burglary does not require the use of force for a charge to stick. Additionally, it’s important to understand that, under this penal code, a “building” also refers to any structure, vehicle, or watercraft used for overnight lodging. Schools and motor truck trailers are also considered buildings for the purpose of the law.
Key Elements of Burglary in NY
- Entry without permission
- The intent to commit a crime once inside
- Applies to buildings and sometimes other structures
What Are The Penalties For Burglary In New York?
Like a robbery charge, burglary is considered a serious crime in Nassau County. It’s important, however, to understand that the severity of the charge will depend on the aggravating factors present in your case.
Elements That Impact Charges
While the general entering of a structure with the intent to commit a crime is typically considered burglary in the third degree, you may face a second-degree burglary offense if you enter a dwelling to commit a crime without aggravating factors or, during the commission of the crime, you:
- Are armed with a deadly weapon or explosives
- Cause physical injury to another person
- Use or threaten the use of a dangerous weapon
- Display a firearm
It is a first-degree burglary offense if you enter a dwelling and any of the aforementioned aggravating factors are present.
Burglary Sentencing Guidelines
- First-degree burglary: Class B felony, 1-25 years in prison, potential $5,000 fine
- Second-degree burglary: Class C felony, 1-15 years in prison, potential $5,000 fine
- Third-degree burglary: Class D felony, 1-7 years in prison, potential $5,000 fine
Robbery vs. Burglary: The Difference
As you can see, there are a considerable number of differences between these two charges, though they are often incorrectly used interchangeably.
Side-by-Side Comparison
- Robbery – Theft involving force against another person (ex., stealing someone’s wallet at gunpoint)
- Burglary – Unlawful entry with intent to commit a criminal offense (ex., breaking into a home with the intent to assault the occupant)
Contact Our Experienced Criminal Defense Firm
If you have been charged with robbery or burglary, understanding your legal options is critical. These are both serious offenses that can leave a lasting mark on your criminal record and reputation, so doing what you can to fight the charges is in your best interest. As such, obtaining competent legal representation from KCS Law is imperative. Our dedicated Garden City attorneys understand the impact a felony conviction can have on your life, which is why we are dedicated to helping you fight these charges for the best possible outcome. Contact our firm today to learn how we can represent you during these difficult times.