It’s not uncommon for people unfamiliar with criminal justice to confuse robbery and burglary; both terms are often used casually and interchangeably in the media and casual conversation. Although both crimes involve the taking of property, knowing the difference is important to understanding what elements lead to robbery and burglary charges, including their penalties.
Robbery is considered theft, and burglary is a property crime. If you or someone you love has been arrested for robbery or burglary, you should immediately consult a skilled Cape Cod criminal defense lawyer for help.
Understanding Robbery Charges Under Massachusetts Law
Robbery in Massachusetts is defined as the taking of property directly from another person through force or the threat of force. The key elements that distinguish robbery from other theft-related crimes are:
- The presence or threat of violence, such as showing a weapon or threatening physical harm.
- Direct interaction with the victim, like forcefully taking a purse from someone’s shoulder.
- The intent to permanently deprive the owner of their property, such as taking money with no intention of returning it.
Under Massachusetts law, robbery can be charged as either armed or unarmed robbery. Armed robbery, which involves the use or possession of a dangerous weapon during the commission of the crime, carries more severe penalties, with potential sentences of up to life in prison.
Unarmed robbery, while still a serious felony, typically carries a maximum sentence of up to 10 years in state prison. Having a criminal defense lawyer in Massachusetts by your side could mean the difference between serving time or walking away with little to no consequences – call us immediately at Nate Amendola Defense for a free consultation.
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Understanding Burglary Charges Under Massachusetts Law
Burglary, on the other hand, is defined as breaking and entering into a building or structure with the intent to commit a felony. Unlike robbery, burglary does not require:
- Direct confrontation with a victim, as in the case of breaking into an empty home.
- The use or threat of force against a person, though force may be used on property like breaking a window or lock.
- The actual taking of property, as simply entering with criminal intent is sufficient for a burglary charge.
The crime of burglary focuses on the unauthorized entry into a structure, traditionally understood as “breaking the close” of another’s property. Massachusetts recognizes different degrees of burglary, with enhanced penalties for:
- Breaking and entering at night is considered more serious due to the increased risk and fear factor.
- Breaking and entering into a dwelling house, such as entering someone’s home through a window.
- Being armed during the commission of the crime, like carrying a crowbar or weapon.
- The presence of occupants in the structure increases the potential for violence.
Key Distinctions Between Robbery and Burglary
The primary differences between these crimes can be summarized in several key aspects:
Victim Interaction
Robbery explicitly requires direct interaction with a victim. The perpetrator must take property directly from the victim’s person or presence. Burglary typically does not involve direct confrontation, and in fact, most burglars specifically try to avoid encountering anyone during the commission of the crime.
Use of Force
While both crimes can involve force, the nature of that force differs significantly. Robbery requires either actual force or the threat of force against a person. Burglary may involve force to gain entry to a structure (breaking a window, picking a lock), but this force is directed at property, not people.
Location and Timing
Burglary specifically involves entering a structure or dwelling unlawfully. Robbery can occur anywhere – on the street, in a park, or inside a building. The location is not an element of the crime of robbery, but it is central to the crime of burglary.
Intent Requirements
Both crimes require specific intent, but the focus differs. Robbery requires the intent to deprive someone of property through force or fear permanently. Burglary requires the intent to commit a felony upon breaking and entering, even if that felony is never actually committed.
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The Penalties and Consequences You Could Face for Robbery Charges or Burglary Charges
The penalties for these crimes in Massachusetts reflect their different natures. Being charged with robbery or burglary could irreperably damage your future without a dedicated Massachusetts property crime lawyer that can intervene.
Nate Amendola Defense focuses on a holistic approach to representing our clients in criminal court, which means we take into consideration all aspects of the individual as your trusted legal support. The penalties and consequences associated with robbery and burglary charges listed below are why you’ll want our help:
Potential Penalties and Consequences for Robbery
- Unarmed Robbery carries up to 10 years in state prison, like in cases where someone uses physical force without a weapon to take a wallet.
- Armed Robbery results in 5 years to life in state prison, such as when using a knife or gun during a robbery.
- Armed Robbery with Assault carries a minimum 10-year sentence, as in cases where serious injury occurs during an armed robbery.
“Whoever, being armed with a dangerous weapon, assaults another and robs, steals or takes from his person money or other property which may be the subject of larceny shall be punished by imprisonment in the state prison for life or for any term of years; provided, however, that any person who commits any offence described herein while masked or disguised or while having his features artificially distorted shall, for the first offence be sentenced to imprisonment for not less than five years and for any subsequent offence for not less than ten years.” M.G.L. c. 265, § 17
Potential Penalties and Consequences for Burglary
- Daytime Breaking and Entering can result in up to 10 years in state prison, such as entering a closed business during operating hours.
- Nighttime Breaking and Entering carries up to 20 years in state prison due to the increased risk and fear factor.
- Armed burglary has a minimum 10-year sentence, like cases where the burglar carries any weapon during the break-in.
“Whoever breaks and enters a dwelling house in the night time, with intent to commit a felony, or whoever, after having entered with such intent, breaks such dwelling house in the night time, any person being then lawfully therein, and the offender being armed with a dangerous weapon at the time of such breaking or entry, or so arming himself in such house, or making an actual assault on a person lawfully therein, shall be punished by imprisonment in the state prison for life or for any term of not less than ten years.” M.G.L. c. 266 § 14
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What Robbery Charges or Burglary Charges Could Mean For Your Criminal Record
Both robbery and burglary are serious felonies that can have lasting consequences on your criminal record. These convictions can affect:
- Employment opportunities: Many employers conduct background checks and may be hesitant to hire those with felony convictions.
- Housing applications: Landlords often screen for criminal history before approving tenants, a criminal record could impact your ability to rent an apartment or home.
- Educational opportunities: Particularly for programs requiring background checks or professional certifications.
- Professional licensing: Like many licensing boards, professional licensing organizations have strict requirements regarding criminal history.
- Immigration status: Felony convictions could result consequences, such as deportation.
- Civil rights: Restrictions on voting while incarcerated and lifetime prohibitions on firearm possession.
Understanding these distinctions is crucial for anyone facing charges or seeking to understand their legal situation. While both crimes are serious felonies under Massachusetts law, their different elements and circumstances require different defense strategies and can result in significantly different outcomes in the criminal justice system.
Why You Should Call a Massachusetts Property Crimes Lawyer for Help
If you’re facing robbery or burglary charges in Massachusetts, attempting to navigate the complex legal system alone is no easy feat, and doing so could cost you dearly. A Massachusetts property crimes attorney brings deep knowledge of state-specific defense strategies, evidence rules, and sentencing guidelines to your case.
A criminal lawyer with Nate Amendola Defense will challenge improper police procedures, negotiate with prosecutors, and work to protect your rights while pursuing the best possible outcome: reduced charges, alternative sentencing, or a complete dismissal. With your freedom and reputation at stake, having an experienced criminal defense attorney in Massachusetts by your side isn’t just helpful – it’s essential.
You can reach us 24/7 by calling our office directly, or you can submit your case information using one of our online forms. Don’t wait until it’s too late; make Nate Amendola Defense your first and last call.
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