What's the Difference between Burglary and Theft? [Infographic]
When people discuss stealing or the taking of personal property, terms like "robbery", "burglary" and "theft" are often thrown around interchangeably.
While these terms tend to be synonymous for the purposes of casual conversation, Arizona law makes a clear distinction between burglary and theft.
Theft in Arizona
Under Arizona law, theft broadly refers to an act where an individual, without consent, takes and controls another person's property with the intention of keeping the property from the rightful owner.
Property that can be taken without consent from a rightful owner may include:
Any other item that could be moved or transported in an act of theft
Arizona has a range of misdemeanor and felony theft offenses that depend on factors like:
The market value of the property taken
The manner in which the property was taken
The way in which the property was controlled
Burglary Offenses in Arizona
Burglary differs from theft in that taking property is not necessary to be charged with burglary.
While theft can be involved in a burglary, Arizona law says that burglary is the act of unlawfully entering a structure or dwelling with the intention of committing a crime inside the structure.
Burglary is a felony offense that is divided into three classes in Arizona.
Factors that affect how a burglary is classified include whether:
A weapon was used
The burglary involved an intent to commit theft
The burglary involved an intent to commit another felony
If you are facing burglary or theft charges in Phoenix, Arizona, get the help from experienced criminal defense attorneys at Tyler Allen Law Firm.
Sources: https://www.azleg.gov/ars/13/01802.htm https://www.azleg.gov/ars/13/01506.htm