Burglary vs Larceny (Different Types & Examples Explained)

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Understanding the distinction between larceny and burglary is a key part of understanding different types of criminal laws. Similar acts can have different legal consequences in terms of sentencing, punishment, or fines depending on the context.

Our expert lawyers have prepared this guide to help you understand what sets these two offenses apart and where to turn if you’re falsely accused of a theft crime.

Quick Summary

In most cases, burglary involves theft, but larceny and burglary differ in many aspects, including the type of offense, severity, and penalties.
Larceny is the unlawful taking of property with the intent of depriving the owner of its use. Petty or simple larceny involves the theft of property and is usually considered a lesser crime than grand larceny.
Burglary involves unlawful entry to another person's property with the intent to commit a crime. Burglary crimes are generally more serious than larceny offenses because they harm people's safety.

What Is The Difference Between Larceny And Bulgary?

The difference between larceny and burglary is that the first one includes the illegal taking of property motivated by the intent to deny its owner access, whereas to commit burglary completely, a person must enter a structure with the intent to commit a crime.

Lacerny and burglary are two distinct legal concepts with unique definitions and implications.

Here’s a breakdown of their differences:

Larceny

Definition: Larceny involves the illegal taking of someone else's property with the intent to deprive the owner of it permanently.
Examples:
- Stealing a car
- Shoplifting items from a store

Intent: The primary motivation is to deny the owner property access completely.

Burglary

Definition: Burglary occurs when a person enters a structure without permission with the intent to commit a crime inside.
Examples:

- Breaking into a home to steal valuables
- Entering a building with the intent to commit violence, arson, or property damage
Intent: A burglar may enter with the specific intention of committing larceny or other crimes.

Legal Consequences

The Severity of Charges:

- Burglary is generally considered a more severe crime than larceny due to its potential to cause harm to individuals and property.
- A felony burglary conviction can result in fines of up to $100,000 or more, depending on state laws and case circumstances. Even misdemeanor burglary convictions can carry penalties, including fines of less than $1,000.
Larceny Penalties:
- Misdemeanor charges for petty theft typically result in a maximum penalty of one year in jail and fines up to $2,000.

Here's a clear comparison of the penalties associated with different offense levels for larceny and burglary:

Offense Level	Larceny Penalty	Burglary Penalty
Misdemeanor	Up to 1 year	Not applicable
3rd Degree	1-5 years	5-10 years
2nd Degree	5-10 years	10-15 years
1st Degree	10-25 years	15-25 years

While both larceny and burglary involve illegal acts related to property, they differ significantly in terms of intent and legal implications. Understanding these differences is crucial for recognizing the severity of each crime and the potential legal repercussions that may follow.

Are There Different Categories Of Larceny?

Yes, there are two categories of larceny: petty larceny and grand larceny. Most states penalize larceny offenses by the value of the stolen item.

Grand larceny is charged in varying degrees:

Grand Larceny in the Fourth Degree

Grand theft can occur when a defendant intends to take another person’s access to a property worth between $1,000 and $3,000 without the owner’s permission.

This level of larceny can take many forms, including theft of public records, secret scientific material or technical processes, credit or debit cards, and firearms.

Grand larceny in the fourth degree carries a maximum four-year state prison sentence.

“Fortunately, however, a first-time offender can receive a non-prison or jail sentence. If you are a predicate felon, then there is a mandatory minimum of two to four years in state prison and a maximum of three and one half to seven years in prison.”
- Jeremy Salan, Theft Lawyer ar Saland Law

Grand Larceny in the Third Degree

A grand larceny in the third degree is when a defendant steals $3,000 worth of property (but no more than $50,000), or when the property is an automated teller machine (ATM) or the contents of an ATM.

The maximum state jail penalty for grand larceny in the third degree is seven years.

Second Degree

Grand larceny in the second degree is a Class C felony committed when:

The value of the stolen property is between $50,000 and $1 million;
If the property was gained by extortion;
If you are a public servant.

The maximum term for grand larceny in the second degree, a class C felony, is 15 years in state prison.

Grand Larceny in the First Degree

To qualify as first-degree grand larceny, the stolen property must have a value greater than $1 million.

This is a Class B felony and can be brought to as many as a 25-year state prison.

Are There Different Levels Of Burglary?

Yes, there are different levels of burglary; Burglary in the first degree, burglary in the second degree, and residential burglary.

Burglary in the First Degree

A person may be prosecuted with burglary in the first degree under if:

He enters or stays on another person's property without permission [1];
He has the intent to harm a person or his property by committing a crime;
The actor or his accomplice is either armed with a dangerous weapon or assaulting a person while entering or remaining on the property.

This may involve a car, boat, or another kind of property in addition to entering a house or other structure.

Burglary in the Second Degree

A person may be prosecuted with burglary in the second degree per RCW 9A.52.030 if they unlawfully enter and/or remain on another person's property, apart from a vehicle or a home, with the intent to commit a crime against a person or his property [2].

Residential Burglary

A person may be accused of residential burglary if they unlawfully enter and/or remain in another person's dwelling other than a vehicle with the intent to commit a felony against that person or his property [3].

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Effective Defense Tactics for Larceny and Burglary Charges

When facing charges of larceny or burglary, various defense strategies can be employed to challenge the prosecution's case.

Here are some common defenses for each offense:

Larceny Defenses

Claim of Right: The defendant asserts they had a legitimate claim to the property in question, believing it was theirs or entitled to it.
Lack of Intent: The prosecution must prove that the defendant intended to deprive the owner of their property permanently. If the defendant can show that there was no intent to steal, this defense may be effective.
Mistaken Identity: The defendant argues that they were wrongly identified as the person who committed the theft, providing evidence or alibis to support their claim.
Owner's Consent: If the defendant can prove that they had permission from the owner to take the property, it negates the theft charge.

Burglary Defenses

No Intent to Commit a Crime: The defendant may argue that they entered the property without any intention of committing a crime, which is essential for a burglary charge.
Legal Authority to Enter: If the defendant had permission or legal authority to enter the premises (e.g., a landlord entering their property), this can serve as a strong defense against burglary charges.
Mistaken Identity: Similar to larceny, this defense involves proving that the defendant was not the individual who committed the burglary.
Invalid Search/Seizure: If evidence was obtained through an unlawful search or seizure, it may be excluded from court, weakening the prosecution's case.

Understanding these defenses can help individuals facing larceny or burglary charges build a more effective legal strategy. Consulting with a qualified attorney is crucial for determining the best approach based on specific circumstances and evidence.

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FAQs

What is the Primary Difference Between Larceny and Burglary?

The primary difference between larceny and burglary is that the first one does not involve illegally entering a property. Those violations of state laws can be committed separately, but they can also be committed at the same time.

Can You Face Charges for Both Larceny and Burglary?

Yes, you can face charges for both larceny and burglary. Those violations of state laws can be committed separately, but they can also be committed at the same time.

What Are Common Types of Larceny?

Common types of larceny are theft of vehicles, pocket-picking, shoplifting, and purse snatching. Yes, you can face charges for both larceny and burglary. Those violations of state laws can be committed separately, but they can also be committed at the same time.

Can Security Camera Footage Alone Prove Larceny?

Yes, security camera footage alone can prove larceny. Especially if it clearly shows an individual taking property without permission. However, additional evidence may strengthen the case.

How Does Trespassing Differ from Burglary?

Trespassing does differ from burglary. Trespassing involves entering property without permission, while burglary requires unlawful entry and criminal intent, such as theft or harm.

Get A Free Lawsuit Evaluation With Our Criminal Defense Lawyer

If you or a loved one is detained on suspicion of larceny or burglary, you must hire a skilled criminal lawyer as quickly as you can.

At Schmidt & Clark, LLP our criminal defense attorneys have extensive experience representing people charged with theft offenses and have obtained exceptional results for those arrested.

References:

https://app.leg.wa.gov/rcw/default.aspx?cite=9A.52.020
https://app.leg.wa.gov/rcw/default.aspx?cite=9A.52.030
https://app.leg.wa.gov/rcw/default.aspx?cite=9A.52.025

Larceny vs Burglary(Definition, Differences and All Types Explained)