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Physical vs. Non-Physical Offenses: Comparing Robbery, Burglary, and Theft Offenses

Physical vs. Non-Physical Offenses: Comparing Robbery, Burglary, and Theft Offenses
In the world of criminal law, the terms “theft,” “burglary,” and “robbery” are often used interchangeably; however, they actually represent distinct crimes with specific legal definitions and implications. If you are facing property crimes charges of any kind, understanding the differences between unique offenses is crucial. This blog post will explore the distinctions between and common defense strategies for robbery, burglary, and theft, providing clarity on these often-confused terms.

ROBBERY

What Is Robbery?

Robbery is considered a physical offense because it involves the use of force, intimidation, or threats to take property directly from another person. Under Colorado law, robbery charges are taken very seriously due to the violent nature of the crime.

Elements of Robbery

There are three main elements of a robbery case to explore.

  1. Force or Intimidation: The key element in a robbery is that the perpetrator uses force, threats, or intimidation to take property from someone.
  2. Presence of a Victim: A victim must be present and aware of the theft for the act to qualify as robbery.
  3. Intent to Steal: The perpetrator must have the intent to permanently deprive the victim of their property.

Types of Robbery in Colorado

There are three different types of robbery in the state of Colorado.

  1. Simple Robbery: The robbery charges that were explained above (taking property through the use of force or intimidation).
  2. Aggravated Robbery: Charges escalate to aggravated robbery when the crime involves the use of a deadly weapon or the infliction of serious bodily injury.
  3. Aggravated Robbery of Controlled Substances: If the robbery involves the theft of controlled substances, then aggravated robbery of controlled substance charges may apply.

If you are facing robbery charges in the state of Colorado, hiring a robbery defense lawyer right away is crucial. A team of legal experts can help you navigate these charges most effectively, so you can secure the best possible outcome in your case.

BURGLARY

Robbery vs. Burglary: What’s the Difference?

Unlike robbery, burglary is not necessarily a physical offense (although sometimes it can be). Instead, burglary involves unlawful entry into a building or structure with the intent to commit a crime inside. Common crimes that occur include theft, vandalism, arson, and assault.
Note that burglary does not necessarily involve direct confrontation or contact with a victim.

Types of Burglary in Colorado

As with most crimes, the degree of burglary you get charged with depends on the severity of and circumstances surrounding the crime. There are three degrees of burglary in the state of Colorado.

  • First-Degree Burglary: Involves the possession of a deadly weapon or the use of force against a person.
  • Second-Degree Burglary: Unlawful entry into a building with the intent to commit a crime, without the aggravating factors present in first-degree burglary.
  • Third-Degree Burglary: Involves breaking into a safe, vault, or other secure areas within a building.
Depending on the crime, burglary can be charged as either a misdemeanor or a felony. Penalties can range anywhere from fines to probation to prison sentences. Note that first-degree burglary is charged as a class 3 felony with penalties of up to 12 years in prison and up to $750,000 in fines.

THEFT

Theft occurs when someone purposely takes something that belongs to someone else with the intent to permanently deprive them of it. This broad term can refer to a wide range of crimes in Colorado, from shoplifting to bad checks to extortion and embezzlement.

Robbery vs. Theft: What’s the Difference?

While theft and robbery both involve taking someone’s property, theft does not involve the use of intimidation or force. Because of this, theft is a less serious crime than robbery charges.

Theft vs. Burglary: What’s the Difference?

Although these terms are often used interchangeably, theft and burglary refer to separate crimes. Burglary involves trespassing on property with the intent to commit a crime and does not necessitate the unlawful seizure of someone else’s belongings. However, burglary can often involve the intent to commit theft while on the premises.

Types of Theft in Colorado

Depending on the severity of the crime, theft can be classed into three separate degrees.
  • Petty Theft: Involves the theft of property worth less than $300.
  • Misdemeanor Theft: Involves the theft of property valued between $300 and $2000.
  • Felony Theft: Involves the theft of property exceeding $2000 in value.

Common Defense Strategies

Facing robbery, burglary or theft charges in Colorado? Here are some common defense strategies employed by theft crimes attorneys and robbery defense attorneys.

Robbery Defense Strategies

  • Mistaken Identity: The defendant was not the person who committed the robbery.
  • Lack of Intent: The defendant did not have the intent to steal.
  • Alibi: The defendant was elsewhere when the robbery occurred.
  • Coercion or Duress: The defendant was forced to commit the robbery under threat of harm.

Burglary Defense Strategies

  • Consent: The defendant had permission to enter the building.
  • Lack of Intent: The defendant did not intend to commit a crime while on the premises.
  • Mistaken Identity: The defendant was not the person who committed the burglary.
  • Insufficient Evidence: The prosecution lacks sufficient evidence to support a conviction.

Theft Defense Strategies

  • Ownership Dispute: The defendant believed they had a rightful claim to the property.
  • Lack of Intent: The defendant did not intend to permanently deprive the owner of the property.
  • Mistaken Identity: The defendant was not the person who committed the theft.
  • Entrapment: Law enforcement induced the defendant to commit the theft.

If you are facing robbery, burglary, or theft charges in Colorado, understanding the distinctions between these crimes is key. Each offense carries different legal implications and requires a unique defense strategy.

The experienced legal team at MBS Law has decades of experience representing individuals in a wide range of criminal cases. Whether you are dealing with a robbery, burglary, or theft charge, the trial-tested attorneys at MBS Law can help you craft the best possible defense for your specific situation.

If you or someone you know is facing criminal charges in Colorado, don’t hesitate to reach out to MBS Law for expert legal assistance.

Helping Clients Throughout the Denver Metro Area

Helping Clients Throughout the Denver Metro Area

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