What’s the difference between theft, robbery, and burglary?

Answer:
Theft is simply taking property in any manner — shoplifting, pickpocketing, or accessing someone’s bank account. Robbery is different because it involves taking property directly from a person, either through force or intimidation; when a weapon is involved, it becomes armed robbery. Burglary involves entering a dwelling with the intent to commit theft inside. In short: theft can happen anywhere, robbery is a more personal, direct-contact crime, and burglary is specifically tied to entering a residence.

Theft: The Broadest Category

Under O.C.G.A. § 16-8-2, theft by taking covers unlawfully taking, or unlawfully keeping, someone else’s property with the intent to deprive them of it — regardless of how the taking happens. That broad “regardless of the manner” language is exactly why theft covers everything from shoplifting to online bank fraud to simply walking off with something that isn’t yours.

Robbery: Taking Property From a Person

Robbery narrows things considerably. Under O.C.G.A. § 16-8-40, robbery requires taking property directly from a person or their immediate presence, using force, intimidation, threat, or sudden snatching. That direct confrontation with another person is what separates robbery from ordinary theft, and it carries a much steeper penalty — one to 20 years in prison.

Armed Robbery: When a Weapon Enters the Picture

When a robbery involves an offensive weapon, or even something that just looks like one, Georgia charges it as armed robbery under O.C.G.A. § 16-8-41. This is one of the most seriously punished offenses in the state — the sentencing range runs from ten years up to life in prison, or, in the most extreme cases, death.

Burglary: About the Space, Not the Person

Burglary is different from both theft and robbery in a fundamental way: it doesn’t require confronting anyone at all. Under O.C.G.A. § 16-7-1, burglary means entering a building without authority with the intent to commit theft or another felony inside. The crime is complete at the moment of unlawful entry with that intent — nobody has to be home, and nothing even has to actually be taken.

Why the Degree of Burglary Matters

Georgia splits burglary into two degrees with very different consequences. First-degree burglary applies when the building entered is a dwelling, and carries one to 20 years in prison. Second-degree burglary covers non-residential structures and carries a lighter range of one to five years, though repeat offenses increase the exposure. Whether the building was someone’s home ends up mattering enormously to how the case is punished.

What This Means for You

In short: theft can happen anywhere, robbery is a more personal, direct-contact crime, and burglary is specifically tied to entering a residence.

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Not to mention his level of professionalism. From the first time we spoke to the first time we saw him in court. He stood out from almost every other attorney there. We were so appreciative that our attorney looked and was so professional, pulled together and prepared. When so many others were none of these things.

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5 Star Rating

I tried to write this several times and it brought me to tears. First may I say this has been the hardest three years of my life. Five lawyers I interviewed and none even understood the law as it applied to my case. So I thought I would try one more and it was Brett. From our first conversation together I knew he understood the law and was the perfect one for the case. I want to say how he prepared the case and presented it, achieving a full dismissal and ruling the police violated my first amendment rights. Complete genius!!!!

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