Understanding the Difference Between Theft, Burglary, and Robbery
People often use "theft," "burglary," and "robbery" interchangeably, especially when a news headline summarizes an arrest in a few words. In court, however, these are separate offenses with distinct legal elements, types of proof, and defenses.
At Mockaitis Law Group LLC, we help clients in Chicago's West suburbs make sense of criminal charges and the evidence that drives them, starting with a clear view of how these three terms differ.
If you or someone close to you is facing charges, the label matters because it shapes what the prosecution must prove and which facts ultimately determine the outcome. Learn why these distinctions are also important for anyone trying to understand what they witnessed, what to report, or what to expect after an accusation.
The simplest way to distinguish these terms is to focus on what the law protects in each situation. Theft is mainly about taking or controlling property without the right to do so, burglary is mainly about wrongful entry with criminal intent, and robbery is mainly about taking property from a person through force or threat. These core definitions show how the terms are separated:
What theft means: Taking, using, transferring, hiding, or controlling someone else’s property without authorization, usually with the intent to permanently deprive the owner of it.
What burglary means: Entering or remaining in a place that is protected by law, such as a building or certain vehicles, with the intent to commit a theft or another felony inside.
What robbery means: Taking property from a person or their immediate presence by using force, or by threatening force, so the person is compelled to give up the property.
Once you see the core difference, the next step is recognizing how the same set of facts can shift the charge. A person might be accused of burglary even if nothing was taken, for example, because intent at entry can be the focus, while robbery centers on how the property was taken from a person.
What Prosecutors Usually Try to Prove
Each charge has elements that must be proven beyond a reasonable doubt. That proof is built from a mix of physical evidence, digital records, and witness accounts, and the strongest cases usually have multiple sources pointing in the same direction. The following types of evidence are commonly used to establish the key elements:
Identity evidence: Video, photographs, fingerprints, DNA, phone location data, or witness identification used to connect a person to the scene or the property.
Ownership and possession evidence: Receipts, account records, serial numbers, registration, or testimony showing who owned the item and who had lawful control of it.
Intent evidence: Statements, planning behavior, tools carried, prior conduct, or circumstances suggesting the person meant to steal or commit another felony.
Entry and access evidence: Forced entry marks, damaged locks, keycard logs, alarm records, or footage showing how someone got into a protected space.
Force or threat evidence: Injuries, 911 recordings, witness descriptions, threatening messages, or conduct showing intimidation directed at the victim.
Because these categories are broad, the dispute often turns on which parts are reliable and which parts are missing. That is where testimony becomes central, especially in robbery cases where the victim’s account can be the main evidence of force or threat.
How Victim and Witness Testimony is Evaluated
Testimony plays a key role in all three offenses, though its focus varies by charge. In theft cases, witnesses may establish possession, permission, or timing. In burglary cases, testimony often addresses whether entry was authorized and what was observed inside the property. In robbery, the victim’s account of fear, threats, or force is typically central to the case.
Courts and juries don’t treat testimony as automatically correct or automatically wrong. They look for consistency, an opportunity to perceive, and whether the account aligns with other evidence, such as surveillance footage, medical records, or timestamps. That evaluation naturally leads to issues that shape defense strategy, including errors, assumptions, and gaps in evidence.
Defense Issues That Often Shape These Cases
Many cases turn on a small number of disputed facts. The defense may challenge whether the accused person was involved, whether the property was taken without permission, whether intent existed at the time of entry, or whether force was used.
The following issues are common points of dispute:
Mistaken identity: Problems with lighting, stress, distance, cross-racial identification, or suggestive procedures that can cause a witness to be wrong.
Permission and authority: Evidence that the person had consent to enter, to possess the property, or to handle it in a way that looks suspicious without context.
Lack of intent: Situations where the prosecution assumes intent from circumstances, even though the facts may support confusion, misunderstanding, or another explanation.
No force or threat: Disputes over whether the interaction involved intimidation, whether fear was reasonable, and whether the taking happened from a person or simply from a location.
Evidence handling problems: Missing videos, incomplete reports, chain-of-custody issues, or gaps that undermine confidence in the evidence presented.
These issues often show why early decisions matter, especially choices that affect statements, digital evidence, and the paper trail. If you learn that you are being investigated or charged, the next step is to focus on protecting your rights and your case record.
Steps to Take if You Are Accused
Being accused of a property or violent theft offense can move fast, and small mistakes can create long-term consequences. The goal is to protect your rights while keeping the record clean and avoiding actions that can be misinterpreted. These steps are often the most important early actions:
Stay quiet about the facts: Don’t try to talk your way out of it with the police or complainants, because off-the-cuff explanations can be used against you later.
Avoid contact with witnesses or alleged victims: Even a text meant to "clear things up" can be framed as pressure, retaliation, or obstruction.
Preserve helpful records: Save messages, receipts, location data, and any documentation that supports consent, ownership, or your location at key times.
Follow all bond or release conditions: Violations can create new charges and make it harder to argue for reasonable conditions later.
Talk with a lawyer early: An attorney can review what is actually alleged, what the state must prove, and what evidence should be requested or challenged.
Early legal guidance also helps you spot the real issue in the case, which is not the headline label but the elements and the proof. With that clarity, you can make informed decisions about motions, negotiations, and trial risk.
Contact an Experienced Criminal Defense Attorney
If you are facing allegations of theft, burglary, or robbery, we can help you understand the charges, the evidence, and the options available to you. Our firm serves Oswego, Illinois, and the West Suburbs of Chicago, including Kendall County, Kane County, DuPage County, Grundy County, and DeKalb County. Contact Mockaitis Law Group LLC to schedule a consultation.