Burglary and robbery are two separate types of theft crimes that come with a separate set of penalties here in Indiana. Continue reading to learn the difference between burglary and robbery, including how they are penalized and the best way to avoid their maximum penalties.

Burglary and Robbery Fall Under the Category of Theft

It is common to confuse the crime of burglary with the crime of robbery. Many are unaware that there is a distinct legal difference.

► Robbery – Robbery is the crime of taking a person’s property or money by force, violence, or intimidation, with the intent of withholding such property from them permanently.

►Burglary – Burglary is the crime of illegally entering or breaking into a residence, building, or structure with the intent of committing a felony-level theft offense.  

Here in Indiana, the punishments for burglary and theft are much different, and depend on the specific variables of the crime.

Burglary Penalties in Indiana

If a person breaks into a place that is not a dwelling or residence, such as a business or storage unit, the act is charged as a Level 5 felony. Level 5 felons are generally sentenced to anywhere from 1 to 6 years in prison with an advisory jail time of 3 years, and up to $10,000 in fines.

If a person unlawfully enters or breaks into a dwelling or residence, such as a house, apartment, condominium, mobile home, or town home, the act is charged as a Level 4 felony. Level 4 felonies are punishable by 2 to 12 years in prison with an advisory jail time of 6 years, and up to $10,000 in fines.

If a person is injured during the burglary, the offense bumps up to a Level 3 felony, which is punishable by 3 to 16 years in prison with an advisory jail time of 9 years, and up to $10,000 in fines.

See the Indiana Code Section 35-43-2-1 to learn the details surrounding the statutes and penalties for burglary.

Robbery Penalties in Indiana

If a person commits the crime of robbery, they are generally charged with a Level 5 Felony, which is penalized by up to 6 years in prison and up to $10,000 in fines.

If a person uses a deadly weapon to commit robbery, it is charged as armed robbery, which comes with more serious penalties. Armed robbery is charged as a Level 3 Felony, which as already mentioned, is punishable by up to 16 years in prison and up to $10,000 in fines.

Repeat offenders can face up to three times the advisory prison sentences for robbery.

See the Indiana Code Section 35-43-5-1 to learn the details surrounding the statutes and penalties for robbery.

Are you facing felony theft charges like robbery or burglary in Indiana? Contact Attorney David E. Lewis at 317-636-7514 for the best chance at reducing or beating your theft charges in Indianapolis. We represent defendants all throughout the state, and can hold consultations and meetings in person or over the phone.

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