View Full Version : What is the difference between robbery, b & e, and burglary?


WVMOM2005
08-21-2012, 12:37 PM
does anyone know what the difference is between robbery,b&e , and burglary?

patchouli
08-24-2012, 08:12 AM
I've moved your thread here to the Prison Legal forum so you may get the answers to your questions.

Robbery is theft by force, or threat of force.

Breaking and Entering is entering a building, and, as I understand it, could include even entering unlocked buidlings without permission.

Burglary is b & e with intent to commit a crime.

Hope this helps!

KamisSister
08-24-2012, 09:10 PM
It varies from state to state from what I have seen. Here in Texas, if you even enter you can be charged with burglary. Lots of people get themselves in trouble by telling the cop, "I went in there but I did not steal anything" they think they are helping themselves and are confessing to burglary!

Star_Loving
08-25-2012, 09:27 AM
Here is a web page to look up the charges against property for West Virginia as of 2011.
http://http://law.justia.com/codes/west-virginia/2011/chapter61/article3/

Star_Loving
08-25-2012, 09:38 AM
Here is the official website for WVA's code for crime and their punishment.
http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=61&art=1

61-3-11. Burglary; entry of dwelling or outhouse; penalties.
(a) Burglary shall be a felony and any person convicted thereof shall be confined in the penitentiary not less than one nor more than fifteen years. If any person shall, in the nighttime, break and enter, or enter without breaking, or shall, in the daytime, break and enter, the dwelling house, or an outhouse adjoining thereto or occupied therewith, of another, with intent to commit a crime therein, he shall be deemed guilty of burglary.

(b) If any person shall, in the daytime, enter without breaking a dwelling house, or an outhouse adjoining thereto or occupied therewith, of another, with intent to commit a crime therein, he shall be deemed guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than ten years.

(c) The term "dwelling house," as used in subsections (a) and (b) of this section, shall include, but not be limited to, a mobile home, house trailer, modular home, factory-built home or self-propelled motor home, used as a dwelling regularly or only from time to time, or any other nonmotive vehicle primarily designed for human habitation and occupancy and used as a dwelling regularly or only from time to time.

Star_Loving
08-25-2012, 09:41 AM
61-2-12. Robbery or attempted robbery; penalties.
(a) Any person who commits or attempts to commit robbery by: (1) Committing violence to the person, including, but not limited to, partial strangulation or suffocation or by striking or beating; or (2) uses the threat of deadly force by the presenting of a firearm or other deadly weapon, is guilty of robbery in the first degree and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than ten years.
(b) Any person who commits or attempts to commit robbery by placing the victim in fear of bodily injury by means other than those set forth in subsection (a) of this section or any person who commits or attempts to commit robbery by the use of any means designed to temporarily disable the victim, including, but not limited to, the use of a disabling chemical substance or an electronic shock device, is guilty of robbery in the second degree and, upon conviction thereof, shall be confined in a correctional facility for not less than five years nor more than eighteen years.

(c) If any person: (1) By force and violence, or by putting in fear, feloniously takes, or feloniously attempts to take, from the person or presence of another any property or money or any other thing of value belonging to, or in the care, custody, control, management or possession of, any bank, he shall be guilty of a felony and, upon conviction, shall be confined in the penitentiary not less than ten nor more than twenty years; and (2) if any person in committing, or in attempting to commit, any offense defined in the preceding clause (1) of this subsection, assaults any person, or puts in jeopardy the life of any person by the use of a dangerous weapon or device, disabling chemical substance or an electronic shock device, he shall be guilty of a felony and, upon conviction, shall be confined in the penitentiary not less than ten years nor more than twenty-five years.