Understanding the differences between robbery and burglary is crucial if you or someone you know has been accused of a crime in Ohio. Though both robbery and burglary involve taking something that isn’t yours, they have different definitions and consequences under Ohio law. Knowing these differences can help you better understand your rights and the legal processes involved. In Ohio, robbery is generally associated with taking something directly from someone, often using force, while burglary involves illegally entering a building, usually with the intent to commit a crime. Each carries its own legal consequences and can impact an individual’s future in significant ways. At, Sabol & Mallory Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.
Dan Sabol
Dan is the first attorney in Ohio to be both board certified in criminal trial law by the National Board of Trial Advocacy and be designated as a Lawyer Scientist by the American Chemical Society.
Chase Mallory
Chase Mallory is a firm founder whom has tried over 40 cases and conducted more than 100 suppression hearings. He is a founding member of the DUI Defense Lawyers Association
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Learn more about our teamWhat Is Robbery in Ohio?
In Ohio, robbery is defined as taking something of value from another person by using force, the threat of force, or by causing physical harm. The focus in a robbery case is usually on the use of force or threat of force against another person to gain control of their property. Robbery is considered a violent crime because it involves physical contact or intimidation. The Ohio Revised Code breaks down robbery into three degrees based on the severity of the offense.
Aggravated robbery is the most serious type of robbery and typically involves the use of a deadly weapon or serious physical harm to the victim. This type of robbery is considered a first-degree felony in Ohio, and a conviction can result in a long prison sentence, often ranging from three to eleven years or more. The seriousness of the charge increases if a deadly weapon is involved or if the robber caused serious harm to the victim.
A second-degree felony robbery in Ohio does not involve a deadly weapon or serious physical harm but still includes force or the threat of force against the victim. Even though it may not seem as severe as aggravated robbery, a second-degree robbery conviction can lead to a prison sentence that can last up to eight years. This type of charge can have significant, life-altering consequences.
Finally, there is third-degree felony robbery, which is less severe but still a very serious crime under Ohio law. In this type of robbery, a person may have used or threatened to use some level of force without actually causing serious harm or using a deadly weapon. A conviction of third-degree felony robbery can still lead to prison time and will remain on a person’s criminal record, impacting their life for years to come.
What Is Burglary in Ohio?
While robbery focuses on forceful encounters with individuals, burglary is mainly about entering buildings unlawfully. In Ohio, burglary typically involves entering a structure, like a house or business, with the intention of committing a crime inside, even if no one is present. Burglary charges can vary depending on whether the property is occupied or vacant and whether the person committing the burglary intended to harm anyone inside.
Ohio classifies burglary into different degrees as well, each with specific penalties. Aggravated burglary, for instance, is a first-degree felony and occurs when a person trespasses into an occupied structure intending to commit a crime, particularly when armed with a weapon or intending to harm someone inside. Aggravated burglary is one of the most severe burglary charges in Ohio, and a conviction can lead to long prison terms, usually ranging from three to eleven years.
A second-degree burglary charge generally applies when someone unlawfully enters an occupied structure intending to commit a crime but does not carry a weapon or show intent to harm anyone inside. Although this charge is less severe than aggravated burglary, it still has serious consequences, including a prison sentence of up to eight years, and can impact a person’s record and life for a long time.
Third-degree burglary is a slightly less severe charge, usually applied when someone unlawfully enters a structure that may not necessarily be occupied, with the intent to commit a crime. However, even without the use of force or threat of harm, this charge still carries penalties, including prison time, and will likely stay on the individual’s record, affecting future job opportunities and housing options.
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Chase Mallory is incredible. He is wonderful to work with and knows exactly what to do to help his clients. Thank you from the bottom of my heart for all you've done for me. I highly recommend hiring Chase to help fight your battles. Bless you!
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Differences in the Use of Force in Robbery and Burglary
One of the major differences between robbery and burglary is the role of force. In a robbery, force or the threat of force is almost always present since the crime involves taking something directly from another person. This is why robbery is considered a violent crime and is prosecuted more severely, especially when a weapon is involved or serious harm is done to the victim. The Ohio Revised Code treats robbery as a direct threat to an individual’s safety, which is why the penalties are high and often include long prison sentences.
In contrast, burglary does not always involve force. The crime focuses more on unlawful entry into a structure with the intent to commit a crime, regardless of whether force is used. While a burglary can become more severe if force or threats are involved, the crime itself does not need to include these elements to be prosecuted. This distinction is why burglary is considered a property crime rather than a violent crime, though it can carry severe penalties if certain conditions, like the presence of a weapon or an occupied building, are met.
Penalties and Consequences for Robbery and Burglary Convictions in Ohio
Robbery and burglary convictions come with significant penalties, including prison time, fines, and a lasting criminal record. For robbery, the penalties depend on the degree of the offense, but any robbery conviction can lead to a prison sentence. First-degree felony robbery, the most serious type, can result in a prison sentence of up to eleven years. Additionally, individuals convicted of robbery often face difficulties in finding employment and housing after serving their sentence due to the violent nature of the crime on their record.
Burglary penalties also vary by degree, with aggravated burglary carrying the highest consequences, including prison time that may extend up to eleven years for a first-degree felony. Unlike robbery, burglary convictions can sometimes be less severe, especially if the burglary involved an unoccupied building and did not include force. However, any burglary conviction will appear on an individual’s criminal record and may limit their opportunities in the future, as most employers and landlords view burglary charges seriously.
Impact on Future Opportunities for Those Convicted of Robbery or Burglary
Both robbery and burglary charges can have lasting effects on an individual’s life. A robbery conviction, especially if classified as a first- or second-degree felony, is likely to make it difficult for the convicted individual to find employment or secure housing, as many organizations are reluctant to hire or rent to individuals with violent crime records. In some cases, individuals with a robbery conviction may face restrictions on certain civil rights, such as the right to own firearms.
Burglary convictions also impact future opportunities, though the impact may vary depending on the degree of the crime. Aggravated burglary, a first-degree felony, often has similar effects as robbery convictions on a person’s future opportunities. Even a lower-degree burglary conviction can limit a person’s options in housing, education, and employment. Many landlords and employers perform background checks, and a burglary conviction on a record may lead to denials and limited choices.
Legal Defenses for Robbery and Burglary Charges in Ohio
Ohio law offers several potential defenses against robbery and burglary charges. For robbery, common defenses include proving that there was no intent to use force or that the accused person did not use or threaten force against another person. In some cases, the accused may argue that they believed they had a right to the property taken or that they were not present at the crime scene, possibly supported by an alibi.
For burglary charges, defenses can include proving that the accused had permission to be on the property or that there was no intent to commit a crime once inside. In some cases, the defense may focus on showing that the accused person was not aware that the structure was occupied or that no crime was committed after entry. Each defense depends heavily on the specifics of the case, and Ohio courts consider these details carefully when hearing burglary or robbery cases.
Key Differences in Ohio’s View on Robbery and Burglary
Ohio law views robbery and burglary as distinct crimes due to their different focuses. Robbery centers on taking property through direct force or intimidation, while burglary is about unlawful entry, usually without a direct threat to another person. The law recognizes these differences by assigning different degrees of severity and potential punishments for each crime. This legal approach helps Ohio courts address the different impacts these crimes have on victims and communities.
While both robbery and burglary are serious offenses that carry consequences, understanding these differences can help individuals navigate the legal system more effectively. For someone accused of either crime, knowing how Ohio law distinguishes between robbery and burglary can make a difference in building a defense or preparing for trial.
Facing charges for robbery or burglary can be overwhelming, especially when trying to understand Ohio’s complex legal distinctions. The consequences of these charges can affect your life for years to come, so having experienced legal guidance is crucial. If you or someone you know is dealing with robbery or burglary charges in Ohio, the team at Sabol & Mallory can help. Our legal professionals will work with you to understand your case, explain your rights, and help you pursue the best possible outcome. Contact Sabol & Mallory today for a consultation and take the first step toward protecting your future.