What Is The Definition Of Burglary — Is It Different From Robbery?

Burglary, unlawful entry, or breaking and entering —what is the definition and what makes it different from robbery?

Burglary Definition

The definition of burglary is an unlawful entry (possibly by breaking and entering) into a property with the intent to commit a crime — usually theft.

It doesn't have to involve theft, vandalism, or even breaking and entering. If a person walks through an open door with the intent to steal something inside, that is classified as a burglary — even if nothing is stolen.

Burglary is not limited to a specific type of building or location. It can include hangars, aircraft, trucks, sheds, and, of course, homes. The crime does not need to involve a victim, although burglary can be an element in other crimes, such as kidnapping or identity theft.

The Bureau of Justice Statistics further defines burglary depending on the circumstances of the crime.

  1. Attempted forcible entry: The use of force in an attempt to gain entry.
  2. Forcible entry: The use of force to successfully enter a residence.
  3. Unlawful entry without force: A completed burglary caused by a person who has no right to be on the premises, even if they entered without force.
  4. Completed burglary: The successful entry into a structure by a person who has no legal right to be present.

According to the FBI's Uniform Crime Reporting Program, burglary occurred in the following locations in 2010:

Burglary By Location Number Of Offenses In 2010 Percent Change From 2009
Residence (night) 389,910 -0.8
Residence (day) 722,231 +0.2
Residence (unknown) 290,073 -0.5
Nonresidence (night) 204,605 -8.8
Nonresidence (day) 168,912 -4.7
Nonresidence (unknown) 122,232 -5.5

Degrees of Burglary

While burglary is categorized by varying degrees of severity, the specifics of each type vary by state.

First-Degree Burglary

First-Degree Burglary is the burglary of a residence.

In California, first-degree burglary refers to the burglary of an inhabited dwelling, which can be any form of property designed for habitation.

Second-Degree Burglary

A second-degree burglary occurs in any other type of structure, such as businesses and stores.

Third-Degree Burglary

Some states also classify burglary in the third degree. For example, in New York, a third-degree burglary occurs when someone knowingly enters or remains in a building with the intent to commit a crime.

Like other laws, the penalty for burglary depends on the severity of the offense. California punishes burglary in the first degree as a felony, and people can be sentenced up to six years in county jail and/or a maximum fine of $1,000, as well as probation and restitution. Second-degree burglary is considered a misdemeanor, and it involves anywhere from one to three years in county jail, as well as applicable fines, probation, and restitution.

Robbery vs. Burglary

Burglary is a property crime that is broadly defined as the unlawful entry into a building, and it doesn't actually have to involve any direct victims. However, robbery is a violent crime that refers to the completed or attempted theft from a person with the use of threat of force.

Put more simply, breaking into a home is burglary. Attacking someone in order to take their wallet is robbery.

In the 2015 crime statistics released by the FBI below, note how burglary and robbery are separated by crime type.

Burglary vs. Theft

Theft is broadly defined as the taking of a person's property without their permission. Burglary simply requires a person's unlawful presence in a building or residence. While burglary and theft can occur together, they are not necessarily related to crimes.

Similarly, robbery is a form of theft that involves the use of force or threat of force. Theft does not require the use of force, and it is differentiated into degrees depending on the value of the property and type of property stolen.

Frequently Asked Questions

When Does Burglary Usually Occur?

Burglary can happen at any time. But according to a 2014 report conducted by the Department of Justice, burglary tends to be seasonal. Rates of victimization are highest in the summer months and lower in the winter.

Usually, a burglar does not want to risk bumping into someone at home. During the summer months, more families leave their homes for extended vacations, and doors and windows are more likely to be left open. You can reduce your chances of becoming a victim of burglary by securing your windows and doors when you leave home, leaving a car in your driveway, and asking someone to check on your home periodically during extended vacations.

Who Commits Burglary?

According to a study conducted by a research team at the University of North Carolina at Charlotte, surveyed burglars expressed a range of habits and motivations:

  • Most burglars selected their targets by scoping out the proximity of other people, possible escape routes, and signs of increased security
  • 60% of surveyed burglars said they would seek a different target if they found an alarm
  • Burglars committed their crimes as part of their need to acquire drugs or money
  • About 50% of respondents primarily burglarized homes
  • Most burglars entered via open windows or doors
  • One in eight burglars picked locks or used a previously acquired key
  • 41% of burglars committed the crime as a spur-of-the-moment decision

The study also identified differences in motivations between male and female burglars. Men tended to plan their burglaries ahead of time, while women were more impulsive and tended to strike during the afternoon. Men were more likely to burgle in the evenings, and they tended to target businesses. Additionally, female burglars in the study were frequently motivated by drug use, while men were motivated by money.

Is Burglary A Violent Crime?

Burglary is classified as a property crime, which means it is a crime intended to obtain property or money. It may involve the use of force or threat of force, but it does not involve force against direct victims. Therefore, it is not defined as a violent crime.

Is Burglary A Felony?

Burglary can be prosecuted as a felony, misdemeanor, or statutory offense, depending on the nature of the crime and local laws. For example, first-degree burglary in California is considered a felony. However, second-degree burglary in the state may be considered a misdemeanor, which carries a potential jail sentence of up to one year.

How Do I Protect Myself From Burglary?

It is possible to take steps to burglar-proof your home. According to a 2016 survey of convicted burglars, you can deter burglars by setting up security systems, leaving lights on, posting security signs, leaving the TV or radio on during the day, parking a car in the driveway, and owning a large, loud dog.

It's also important to understand why a burglar might target a home. Because burglars want to enter a home and leave with their stolen goods in as little time as possible, they might look for clear indicators of wealth, such as homes in affluent areas with luxury cars parked outside. Large trees, bushes, shrubs, and fences provide plenty of coverage and potential escape routes. If you live in an isolated suburb, your odds of being burglarized are higher than someone who lives in a bustling and busy urban area with a greater chance of witnesses.

Believe it or not, regular maintenance can also help protect your home from burglary. Criminals can enter homes through unlocked windows or doors that can easily be forced open. If your window and doorframes are in obvious need of repair, a burglar might see a clear opportunity for easy entry.

Of course, even if you put as many security measures in place as possible, it's still possible to become a victim of burglary. In the event of a worst-case scenario, secure the belongings criminals most commonly like to steal: jewelry, cash, credit cards, collectibles, and guns. Homeowners' insurance may also help you recoup the loss of items like electronics.

What Is Burglary Of Habitation?

Burglary of a habitation is defined as burglary that occurs in a residence. In the state of Texas, burglary of habitation can occur even if no property is taken. It is considered a second-degree felony in the state, and punishment varies widely: a person convicted of burglary of habitation may face two to 20 years in prison and a fine of up to $10,000.

What Is Commercial Burglary?

Commercial burglary is defined as the entering of a shop, office, or any other commercial building with the intent to steal something. Residential burglary is considered more serious than commercial burglary, which may be charged as a misdemeanor or felony, depending on the nature of the crime.

What are the crime statistics in your state? Explore the TruthFinder Criminal Records Database to learn more!

Burglary by State Per Capita Crimes commited per 1,000 people Rate Crimes commited per 100,000 people
11.29 1129.27
4.65 465.02
7.94 793.54
12.71 1271.43
5.83 583.09
5.78 577.63
3.96 395.8
8.45 844.56
8.91 891.12
10.41 1041.38
5.64 564
4.69 468.51
5.56 555.67
9.17 917.39
6.78 677.63
6.73 673.27
8.05 805.14
12.08 1207.95
4.66 465.94
9.34 934.14
4.67 466.61
7.44 744.14
5.01 501.09
12.99 1299.34
8.04 804.32
4.59 458.82
5.48 547.93
8.56 855.99
3.52 351.93
4.01 401.14
11.13 1113.49
3.07 307.21
11.49 1149.35
4.14 413.61
10.15 1015.17
10.49 1048.52
5.64 563.99
4.15 414.6
4.89 488.71
9.3 930.42
4.3 430.48
10.4 1039.93
8.34 834.21
4.99 498.81
4.47 447.1
5.15 515.43
8.63 862.69
6.99 699.4
5.02 501.84
4.02 401.94