Facts About Burglary Charges and Robbery Charges in Indiana

When you think of theft, the first thing that comes to mind is probably a person stealing something from a store. But in Indiana, there are different classifications of theft charges, and each one can carry serious penalties. If you are convicted of burglary, for example, you could face up to 30 years in prison. Robbery is another charge that can result in a long prison sentence; if you are convicted of robbery, you could spend up to 20 years behind bars. These are just two examples of the many theft charges that exist in Indiana. If you have been charged with any type of theft, it is important to speak with an experienced criminal defense lawyer who can advise you on your options and help protect your rights.

For now, continue below to dive deeper into the difference between burglary and robbery, including how their charges might render separate penalties in Indiana.

If Facing Robbery Charges in Indianapolis, Call 317-636-7514 Today!
If Facing Robbery Charges in Indianapolis, Call 317-636-7514 Today!

Burglary Versus Robbery in Indiana

In Indiana, robbery and burglary are two separate crimes with different elements and punishments. Burglary is defined as the illegal entry into a building or other structure with the intent to commit a crime inside it, while robbery involves theft by force or threat of force.

Burglary Crimes

Burglary in Indiana can be charged as either a Class D felony or a Class A misdemeanor. The felony charge applies when the burglar enters the building with an intent to commit a crime inside, such as theft. A Class D felony is punishable by up to three years in prison and/or fines of up to $10,000.

Robbery Crimes

Robbery is a more serious crime than burglary and is treated as a Level 3 felony in Indiana. This means that if convicted, the individual will face up to 16 years in prison and/or fines of up to $10,000. Robbery occurs when someone takes something belonging to someone else by force or threat of force, such as through violence or intimidation.

Theft Charges in Indiana are Serious Criminal Cases

It is important to remember that burglary and robbery are both serious offenses in Indiana and can result in significant jail time, fines, and other penalties. If you have been charged with either of these crimes, it is important to speak to an experienced criminal defense attorney in Indianapolis as soon as possible. An attorney can help you understand your rights and the legal process, as well as identify any potential defenses you may have. Don’t risk going through the legal system alone; make sure to protect your rights and get the help of an experienced attorney.

This blog was written for informational purposes only and should not be taken as legal advice. If you have been charged with burglary or robbery in Indiana, contact the Law Office of David E. Lewis at 317-636-7514 to speak to a seasoned Indianapolis theft lawyer you can trust. Our law firm will get you the best possible outcome to your criminal case!

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Are Burglary and Robbery Charges the Same in Indiana?

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.

Theft Lawyer Indianapolis IN 317-636-7514
Theft Lawyer Indianapolis IN 317-636-7514

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.

You Should Also Read:

The Difference Between Car Theft and Grand Theft Auto
Were You Charged With Misdemeanor or Felony Theft in Indiana?
Typical Sentence for Indiana Shoplifting Charge

Indianapolis Criminal Defense 317-636-7514
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The Difference Between Robbery and Burglary

Theft is an umbrella offense, meaning it is a category that encompasses a larger scope of crimes. Two of the most common types of theft crimes are burglary and robbery. In fact, you have likely watched movies depicting sneaky burglars and quick-handed bank robbers. But many assume these two terms are synonymous, when in fact, they are quite different; especially when you ask the law.

Continue reading to learn what these two crimes mean, and what you need to do if you or someone you love is facing theft charges in Indiana.

Robbery Criminal Attorney 317-636-7514
Indiana Robbery Criminal Attorney 317-636-7514

The Crime of Theft in Indiana

According to the statute decreed in Indiana Code § 35-43-4-1, “A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft.” Whether the crime of theft is burglary or robbery has a big impact on the severity of punishment an offender faces if caught by the authorities.

Burglary

A burglar is someone who breaks and enters into private commercial or residential property for the purpose of committing a felony or stealing something of value that does not belong to them. Here in Indiana, all forms of burglary are felony crimes, but ones that occur in a home or dwelling, or with the use of a deadly weapon, carry even higher punishment. The type of felony one faces depends on the type of structure or property they broke into, as well as, any existing enhancements (gun possession, deadly weapon, etc.). See the Indiana Code Section 35-43-2-1 to learn the details surrounding the statutes and penalties for burglary.

➣ Basic Commercial Burglary – Level 5 Felony
➣ Residential Burglary – Level 4 Felony
➣ Burglary Resulting in Physical Injury – Level 3 Felony
➣ Burglary While Armed with Deadly Weapon: Level 2 Felony
➣ Residential Burglary Resulting in Physical Injury : Level 1 Felony

Robbery

A robber is someone who uses force, intimidation, or violence against another person to commit a crime of theft. When an offender uses a deadly weapon to commit robbery, it is considered armed robbery, and is a more serious offense. See the Indiana Code Section 35-43-5-1 to learn the details surrounding the statutes and penalties for robbery.

➣ Robbery: Level 5 felony
➣ Armed Robbery: Level 3 felony

An Example of the Difference

If a person enters a bank, holds up a gun, and demands cash from the teller, they are robbing the bank. If they were to have broken into the bank after hours and stole from the safe, it would be considered burglary.

If a person walks up to an old lady and uses a knife to steal her phone, he is robbing her. If the same person were to have taken the phone from the old lady’s pocket when she wasn’t looking, he would have committed pick-pocketing, which is not robbery.

How to Defend Your Theft Charges

Theft is a common crime here in the United States, but it comes in many different shapes and forms. Accordingly, it also comes with a wide scope of legal penalties, all of which depend on the severity of the crime itself, as well as other mitigating and aggravating factors. If you are suspected of theft crimes, your first and only priority should be to consult with a seasoned criminal defense lawyer who can build you a strong and impactful defense that will help you avoid the maximum penalties for your charges.

Indiana Theft Lawyer

Call David E. Lewis, Attorney at Law at 317-636-7514 to get help with your Indiana theft charges, today. Whether charged with robbery or burglary, our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!