Theft, Burglary and Robbery Charges in Philadelphia Explained

Theft, Burglary and Robbery Charges in Philadelphia Explained

If you have been arrested for stealing something in Philadelphia, you may be facing charges like theft, burglary, or robbery. I know this can be really confusing and scary, so I wanted to write this article to help explain the differences between these charges and what they mean for you.

First off, I’m really sorry this happened to you. I know it’s not fun getting arrested and having to deal with the court system. I’ve been doing this for a while though, so hopefully I can make things a little easier to understand.

Theft/Larceny

Theft is basically just stealing something that doesn’t belong to you. The legal term for theft is “larceny.” There’s all kinds of ways you can commit theft – by taking someone’s property without permission, using deception to get property from someone, extortion, etc. Basically any way you get property that isn’t yours is considered theft.

Theft is usually considered a “property crime,” not a violent crime. The punishment depends a lot on what you took and how much it was worth. Taking something small like a candy bar from a store is a lot different than stealing someone’s car!

Some examples of common theft charges in Philly:

• Shoplifting/Retail Theft – stealing from a store
• Theft by Deception – lying or tricking someone to get their property
• Theft of Services – using a service without paying for it, like cable or internet
• Theft from a Motor Vehicle – stealing something out of someone’s car

As you can see, theft covers a whole range of taking someone else’s stuff. The punishment really varies depending on exactly what happened.

Burglary

A lot of people think burglary just means breaking into someone’s home and stealing stuff. But in Pennsylvania, the burglary law is broader than that.

Under Pennsylvania law, burglary is illegally entering any building or structure with the intent to commit a crime inside. It doesn’t have to be a home, and you don’t even have to actually steal anything!

Just going into somewhere you’re not allowed to be, with plans to do something illegal inside, is enough to be charged with burglary. The crime you intended to commit could be theft, but also assault, vandalism, or anything else illegal.

Some other key points about burglary charges:

• If a building is open to the public, like a store, you can’t be charged with burglary just for going inside.
• You also can’t burglarize a property you have permission to enter, like a friend’s house.
• Burglary is a felony charge, more serious than a regular theft charge.
• The punishment is worse if it was someone’s residence or someone was home during the burglary.

So in summary, burglary is going into somewhere you’re not allowed, with plans to do something illegal inside. This makes it a bigger deal than regular theft.

Robbery

Robbery is sometimes called “theft plus,” because it’s a theft that also involves violence or threats. Under Pennsylvania law, a theft becomes a robbery if it includes:

• Injuring someone
• Threatening to injure someone
• Putting someone in fear of injury
• Using force to take property directly from another person

So if you steal something directly from another person by using force or threats, that makes it a robbery charge rather than just theft. Robbery is considered a violent crime, not just a property crime.

There’s also a charge called “robbery of a motor vehicle” – this is basically carjacking, stealing a car by force. This is a very serious charge.

Robbery charges often lead to worse punishment than theft, because of the violent nature of the crime. Robbery, especially armed robbery, is taken very seriously by Philadelphia courts.

Defenses

There are defenses that an experienced criminal defense lawyer can raise against theft, burglary or robbery charges, depending on the details of your case.

For example:

• You had permission or legal right to take the property
• You were wrongly identified and didn’t actually commit the crime
• You didn’t have the required criminal intent due to intoxication or mental state
• The value of stolen property was overestimated

An attorney may also be able to negotiate with the prosecutor to get charges reduced or even dismissed. So don’t just plead guilty without talking to a lawyer!

Penalties

If you are convicted of theft, burglary or robbery in Philadelphia, here’s a quick look at the possible penalties:

• Theft – fines up to $10,000, jail time up to 5 years (misdemeanor), up to 20 years (felony)
• Burglary – up to $25,000 fine, up to 10-20 years prison
• Robbery – up to $25,000 fine, up to 20 years prison

Keep in mind real sentences are often less than the maximum. But these charges must be taken very seriously, as they can really impact your future.

Getting Help

If you or a loved one has been arrested for theft, burglary or robbery in Philadelphia, the most important thing you can do is get an experienced criminal defense lawyer on your side immediately. Don’t try to handle this alone!

A knowledgeable attorney can carefully examine your case, advise you of your rights, build defenses on your behalf, and negotiate for reduced charges or dismissal if possible. This gives you the best chance of avoiding harsh penalties that could ruin your life.

I hope this gave you a better understanding of what these charges mean and what you’re facing. This process can be scary but you’re not alone. With an attorney’s help, you can get through this and move on with your life.

All the best,
John Smith, Esq.
Smith & Jones Defense Attorneys

DISCLAIMER: This article is intended for informational purposes only and should not be taken as legal advice. If you have been arrested for a crime, you should contact an attorney to discuss the details of your case.