The terms “robbery,” “theft” and burglary” are often used interchangeably when referring to a crime. However, in Wisconsin these crimes are quite different and can carry serious consequences. Criminal acts are charged differently in the legal system and for good reason. The definition of the crime communicates the severity of the offense. Here is a look at the differences between theft vs. burglary vs. robbery.
Theft (TAKING)
Theft is referred to as stealing in the state of Wisconsin. According to the state law, it occurs when someone “intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the other’s consent and with intent to deprive the owner permanently of possession of such property.”
To be convicted of theft in Wisconsin, the court requires proof beyond a reasonable doubt that a person intentionally took and carried away another’s property without consent and with intent to permanently deprive the owner of possession of their property and that the requisite intent was to deprive the victim of the property permanently.
This crime can be charged as a misdemeanor or felony depending on the type and value of the property or services that were stolen. If the value is not more than $2,500, the charge is a Class A misdemeanor, which carries up to nine months in prison and $10,000 in fines. Penalties for stolen property valued at $2,500 or more can be classified as anywhere from a Class I felony to a Class F felony.
Burglary (ENTERING)
Burglary is quite different from theft. The crime of burglary is committed when someone “intentionally enters [a place] without the consent of the person in lawful possession and with intent to steal or commit a felony.” It is important to note that the offender does not need to actually commit a crime in order to be charged with burglary. If he or she had the intent to commit the crime once inside the building but they never actually committed it, it is still considered burglary.
It is common for someone to illegally enter a building with the intention of committing theft, but the crime of burglary does not always involve theft. For example, say someone illegally enters an office building to vandalize it. That person would be charged with burglary because they entered the building with the intent to commit a felony -even though the crime they planned on committing was not theft.
To be convicted of burglary in Wisconsin, the court requires proof beyond a reasonable doubt that you intentionally entered a building or dwelling, you entered that building or dwelling without consent of the person who is in possession of the building or dwelling, you knew that the entry was without consent and you entered with the intent to commit a fleony.
Burglary is classified as a Class F felony, which carries up to 12.5 years in prison and $25,000 in fines. If a person commits a burglary with a dangerous weapon, commits battery upon a person, or there is an individual present, the crime is elevated to a Class E felony, which carries a sentence of up to 15 years in prison and $50,000 in fines.
Robbery (FORCING)
Both robbery and theft involve stealing another person’s property or services. But, the crime of robbery involves the use of force, whereas theft does not. Robbery occurs when someone “takes property from the person or presence of the owner by either…using force…or by threatening the imminent use of force.”
To be convicted of robbery in Wisconsin, the court requires proof beyond a reasonable doubt that somebody else possessed the property in question; that the person charged with armed robbery took the property from the person in question with the intent to steal it; and that the defendant used or threatened to use force to take the property.
Robbery is a Class E felony, which carries a sentence of up to 15 years in prison and $50,000 in fines. If you use a deadly weapon while committing robbery, the charge is elevated to a Class C felony, which carries up to 40 years in prison and $100,000 in fines.
While these are all serious crime to be charged with, you still have options available to you, including the potential of having the charges reduced or dismissed altogether. For you best possible chance of a good outcome is to hire very experienced and knowledgeable legal counsel.
At Jones Law Firm we have with decades of experience handling these types of crimes. Contact us today to set up a free consultation. Please contact us by text or phone at (414) 774-6000 or email at laura@jlfwisconsin.com anytime.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
