Tennessee Criminal Defense

Robbery or Burglary: What's the Difference?

When it comes to theft crimes, there can be a lot of confusion about what exactly each crime involves. This is particularly true regarding the crimes of robbery and burglary. Many people confuse these two offenses – perhaps you aren’t clear on the differences, yourself! Keep reading for a summary of each crime. If you are facing charges for theft or any other crime, then do not hesitate to contact a Murfreesboro criminal defense lawyer from Joshua T. Crain, Attorneys at Law!

HOW “ROBBERY” IS DEFINED IN TENNESSEE

2010 Tennessee Code § 39-13-401 – Robbery

“The intentional or knowing theft of property from the person of another by violence or putting the person in fear.”

Robbery is a Class C felony in Tennessee, which means:

  • 3 – 15 years in state prison.
  • A fine of up to $10,000.

2010 Tennessee Code § 39-13-402 – Aggravated Robbery

“Robbery as defined in § 39-13-401 accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon; or where the victim suffers bodily injury.”

Aggravated robbery is a Class B felony in Tennessee, which means:

  • 8 – 30 years in state prison.
  • A fine of up to $25,000.

2010 Tennessee Code § 39-13-403 – Especially Aggravated Robbery

“Robbery as defined in § 39-13-401 accomplished with a deadly weapon and where the victim suffers serious bodily injury.”

Especially aggravated robbery is a Class A felony in Tennessee, which means:

  • 15 – 60 years in state prison.
  • A fine of up to $50,000.

HOW “BURGLARY” IS DEFINED IN TENNESSEE

2010 Tennessee Code § 39-14-402 – Burglary

“A person commits burglary who, without the effective consent of the owner:

(a)Enters a building other than a habitation not open to the public with intent to commit a felony, theft, or assault;

(b)Remains concealed – with the intent to commit a felony, theft, or assault – in a building;

(c)Enters a building and commits or attempts to commit a felony, theft, or assault; or

(d)Enters any freight or passenger car, automobile, truck, trailer, boat, airplane, or other motor vehicle with intent to commit a felony, theft, or assault or commits or attempts to commit a felony, theft, or assault.”

Burglary, as defined in sections (a), (b), and (c), is a Class D felony, which means:

  • 2 – 12 years in state prison.
  • A fine of up to $5,000.

Burglary, as defined in section (d), is a Class E felony, which means:

  • 1 – 6 years in state prison.
  • A fine of up to $3,000.

SO HOW ARE BURGLARY AND ROBBERY DIFFERENT?

In summary, robbery is a violent theft crime where you steal something from another person by threatening them with a weapon or something that looks like a weapon, or by injuring them. Burglary, on the other hand, is the act of concealing yourself and/or entering a premise with the intent of committing a felony, theft, or assault.

Have you been arrested for burglary or robbery? Contact us at (615) 200-9409 for a criminal defense lawyer in Murfreesboro.

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