What Are the Types and Charges of Robbery, and How Does It Differ from Theft or Burglary

Robbery is a criminal act involving the unlawful taking of property through force, intimidation, or threats. It is important to note that robbery must not necessarily involve using a weapon. The elements that qualify an offense as robbery are determined by the state where it occurred and the laws that apply there. 

Robbery is particularly distinguished by the presence of force and its violent nature. As such, it is treated more seriously than theft or burglary by the law and can attract severe punishment, including life imprisonment.

This article will explore the types and charges of robbery. It will also distinguish robbery from theft and burglary by looking at the different elements of these crimes and how they are related in law.

What Are the Types of Robbery?

Robbery is divided into types. These types are determined by the severity of the offense or how the crime was committed, that is, the method used or the circumstances surrounding the crime. In some states, robbery is incorporated into other crimes, like carjacking. The following are the most common types of robbery:

Armed Robbery

This type of robbery occurs when the perpetrator uses a deadly weapon to threaten or harm the victim of the crime. A deadly weapon refers to any object that could be used to cause serious harm to another person. Examples of deadly weapons include firearms, knives, bricks, golf clubs, baseball bats, and hammers. Armed robbery is considered a serious crime and can attract harsh punishments. Depending on the state and the circumstances of the offense, convicted offenders can get up to 35 years for armed robbery. 

Aggravated Robbery

Aggravated robbery is very similar to armed robbery. In some states, there are no distinctions between the two. Ultimately, when the distinction is made, it is based on the state where the crime occurred. For example, aggravated robbery may require that the victim presents injuries from the weapon used on them. Compared to simple robbery, aggravated robbery involves causing serious harm to the victim or using a deadly weapon and often attracts severe penalties like up to 15 years or more in prison.

Bank Robbery

Bank robbery involves the unlawful taking of money or property from a bank. Bank robberies often involve a lot of money or high-value properties, typically of an average value of around $4,000. It is a federal crime investigated by the Federal Bureau of Investigation. Convicted offenders can get up to 20 years and fines for bank robbery. The penalties can get more serious if the defendant assaults anyone or uses a deadly weapon.

Carjacking

Carjacking is the crime of forcefully taking a car that is not yours. Carjacking can get more serious if a weapon, like a firearm, is used to threaten or assault others or if the carjacking is used to facilitate another crime. Defendants found guilty of carjacking can get up to 15 years in prison. It can get more serious if bodily harm is involved or if someone is killed during the cause of the crime.

What Are the Charges and Penalties for Robbery?

The penalties or punishment associated with robbery are determined by the charges against a defendant. Robbery is typically a serious crime and comes with prison time and fines. The sentence duration and fine amount depend on several factors, such as state laws and the details of the specific crime.

Is Robbery a Felony?

Yes, robbery is generally considered a felony. Still, the penalty for being convicted of this offense depends on the laws that apply in the state where it occurred, among other factors. Felony robbery often means that jail time will be involved and in some cases, the offender may be allowed parole after serving some jail time under strict restrictions such as random drug testing, regular reporting to a parole officer, and travel restrictions.

In Arizona, for example, robbery as a first offense is punishable by up to 3 years and 9 months in prison and a fine that can get as high as $150,000. For a second and third offense, the sentence duration can rise to seven and a half years and 15 years, respectively. Offenders can get way more if it is an aggravated or armed robbery charge.

In California, robbery is considered a violent felony and is recorded as a strike under California’s ‘“three strikes” law. Those convicted of robbery can get up to nine years in state prison per victim. This sentence may be increased if there are any “enhancements” such as firearm use, infliction of great bodily harm, or prior strikes.

In New York, a robbery conviction for a Second or First-degree robbery can mean up to fifteen years or twenty-five years, respectively. Even a Third-degree conviction can lead to jail time of up to seven years.

Factors That Influence Robbery Charges

The circumstances surrounding the crime often play a huge role in determining the charge that an offender receives. These can be aggravating factors, which are factors that increase the sentence duration that an offender might get. Some factors that can influence a robbery charge include:

• The presence of a deadly weapon: If a weapon is used to commit the crime, it elevates the charge to either aggravated robbery or armed robbery, depending on the state.
• Injury to the victim: The more severe the injury to the victim, the harsher the punishment is likely for the perpetrator.
• Excessive force was used: The use of excessive force can also influence a robbery charge even when a weapon is not used; for example, a charge can be more serious if the perpetrator pushes, shoves, or tackles the victim. 
• The value of stolen property: In many cases, the higher the value of the property, the steeper the penalty.
• It is a repeat offense: In cases where the offender has a criminal history, they may be given a harsher penalty.

Burglary vs. Robbery vs. Theft 

Legally, the terms “burglary”, “robbery”, and “theft” do not mean the same thing and are not to be used interchangeably. Certain elements make up each of these offenses and penalties for these crimes also differ.

What Is the Difference Between Theft and Robbery?

Theft is the unlawful taking of property without the use of force or threats and depriving them of said property permanently. Theft can occur in different ways, such as picking up someone’s pocket, stealing from a shop, or stealing from a workplace. In some cases, theft could occur without the victim knowing it immediately. The significant difference between theft and robbery is that robbery uses force, threats, or intimidation, while theft does not. Also, theft can be a misdemeanor or felony charge, but robbery is usually a felony with penalties ranging from fines to jail time.

What Is the Difference Between Robbery and Burglary?

Burglary involves unlawfully entering a structure intending to commit a crime, such as theft or vandalism, which may or may not involve interaction with a victim. Essentially, a burglary happens in a building and its perpetrator is often a trespasser hoping to steal or do unlawful damage. Robbery, on the other hand, requires direct interaction with a victim and the use of force or intimidation. There are three types of burglary: domestic, non-domestic, and aggravated burglary, which attract jail time.

How Are Robbery, Theft, and Burglary Related in Law?

Robbery, theft, and burglary, despite having distinctions, are all crimes that involve the unlawful taking of someone else's property. They are all categorized under property crimes, the unlawful taking of money, property, or some other benefit. Other examples of property crime include motor vehicle theft, extortion, and arson. These crimes are often punished by jail time and fines when convicted and could have serious legal implications for offenders.

Robbery involves the use of threat, force, or other forms of intimidation in illegally obtaining someone else’s property and has several types, namely, armed robbery, aggravated robbery, bank robbery, and carjacking. Theft, on the other hand, does not involve using any form of intimidation when taking someone’s property illegally. Burglary involves trespassing into someone’s building or structure to make away with their property or commit some other criminal act.