The terms robbery and burglary are often used interchangeably by those without knowledge of the criminal justice system. In truth, there are critical differences between the two crimes that affect the types of criminal penalties they each carry.

What is the Difference Between Burglary and Robbery Under Arizona Law?

In Arizona, you commit burglary when you enter a property with the intent to commit a theft. Whether or not you take anything, you committed burglary by entering the property. Robbery involves the use of force or the threat of force when committing a theft.

Burglary

Burglary can be classified as a misdemeanor or a felony, depending on the circumstances surrounding the crime. A.R.S. 15 "Criminal Trespass and Burglary" 13-1501 defines burglary as entering a residential or nonresidential structure, fenced commercial or residential yard, with the intent to commit any theft or crime. The law is strict and states that only the intent is necessary for the crime of burglary to have been committed.

Burglary is classified as:

• Possession of burglary tools—Class 6 felony
• Third-degree burglary—Class 4 felony
• Second-degree burglary—Class 3 felony
• First-degree burglary—Class 3 felony if committed on commercial property or a Class 2 felony if committed on residential property.

Burglary charges range from Class 6, which are less severe, to Class 2, which is the most severe. Residential burglary is considered a more serious crime than that committed on commercial property. The residence, building, or commercial property does not have to be locked for the act of entering to be considered burglary.

Robbery

Robbery is always a felony crime, as Arizona law determines that it must involve the taking or attempting to take something by force or the threat of force. A burglary does not involve the presence of a victim, while robbery does.

Arizona Revised Statute (A.R.S.) § 13.1902 clarifies that a person commits robbery if a threat or force is used against a person with the intent to coerce, take or force the surrender of property.

Unto itself, robbery is a Class 4 felony in Arizona. The possible criminal penalties for a first-time offense include up to a year in state prison, and penalties increase for subsequent offenses. Other crimes often go hand in hand with robbery, such as:

• Aggravated robbery—In Arizona, aggravated robbery happens if there are one or more accomplices present when the crime is committed. Aggravated robbery is a Class 3 felony, meaning it is a more serious offense than robbery.
• Armed robbery—These offenses occur if anyone committing a robbery is armed with a dangerous weapon, or simulates having a dangerous weapon, or makes a threat to use a dangerous weapon. Armed robbery rises to the level of a Class 2 felony.

Other Types of Theft Crimes

Robbery and burglary are two types of theft crimes, but Arizona law names other primary theft crimes as well. These include:

• Grand theft—the intentional taking of property exceeding more than $1,000 worth of property. Grand theft can also include the theft of an animal or a weapon for the purpose of fighting.
• Extortion—Forcing someone to do something against their will by threatening damage to their reputation, violence, finances, or property damage. An example of extortion would be if Jane and Bob work together. Jane tells Bob that she wants $500, or she will claim that Bob stole money from the company. Jane has committed extortion.
• Larceny—usually the nonviolent theft of property belonging to someone else without illegal entry or force. In the case of theft from a motor vehicle, even if there is illegal entry, it is usually classified as larceny.

The distinction between theft crimes is essential as they can play a significant role in the possible criminal penalties you might face.

Possible Defenses to Burglary Charges in Arizona

Whatever the circumstances, it is essential to remember that you are innocent until proven guilty when charged with burglary. A skilled attorney will tell you that if you are charged with any crime in Arizona, it is crucial that you do not talk to the police without an attorney's presence.

There are numerous ways to challenge a charge of theft in Arizona. A defense against the charges will be based on the circumstances of the alleged crime. Some common defenses include:

• A lack of intent
• Unwarranted search and seizure
• You were not appropriately given your Miranda Rights
• Insufficient evidence
• Invalid evidence (evidence that the prosecution cannot use)
• A violation of your constitutional rights
• Mistakes of facts
• Procedural violations

The above list is not exhaustive, as each case will be different. Consult with an experienced criminal law attorney about any potential charges against you.

Possible Defenses to Robbery Charges in Arizona

Robbery, without extenuating or aggravating circumstances, is a Class 4 felony, which can result in serious criminal penalties as well as a felony record. If you have been charged with Robbery, make sure you seek the immediate advice of an experienced Arizona criminal law attorney.

Robbery charges are often complicated because the alleged victim and the defendant often have a relationship or association. In domestic relationships, friendships, and family relationships, it is not uncommon for a scenario to arise where the defendant is taking what they perceive to be their property when the alleged victim goes to grab it back, and an altercation ensues.

The altercation may not even be serious. Think of a scenario between two domestic partners. One partner decides to take property from the shared domicile, and the other party goes to grab it back, thinking it is theirs. When the domestic partner snatches it out of the hands of their partner, should that be charged as a robbery?

Force, or the threat of force, is loosely described in the statutes, so the argument can often be made that there was no force or threat of force used. In domestic disputes, it is essential to remember that Arizona is a community property state, giving both spouses equal rights to marital property. If robbery charges stem from a marital relationship, the robbery may not be the property of another required to satisfy the statute.

If the charge is armed robbery, the defense might raise the question of whether the dangerous weapon was yielded as a threat. For example, holding a golf club during a dispute over property is not a crime unless the club was used or brandished in a dangerous manner.

Defenses that are often used include those listed above for defenses against burglary charges. The faster you involve a criminal defense attorney in your case, the better your odds of mounting a reasonable defense, plea bargaining for a lesser charge, and making sure your rights are protected.

What Should You Do If Charged With Burlgary or Robbery?

If you are arrested or charged with burglary or robbery, invoke your right to an attorney before speaking with the police. It can be tempting to think you can argue your own case, given that you are innocent until proven guilty. In reality, pro se defense is rarely a good idea. Burglary and robbery are serious crimes with serious penalties that can have a lasting impact on your life. The weaknesses in the prosecution's case will not matter if you do not have a knowledgeable defense attorney by your side.