In the realm of property crimes, the terms robbery, burglary, theft, and conversion are often confused and used interchangeably. However, each of these crimes has its own unique definitions, characteristics, and penalties, which is why understanding the differences between these crimes is crucial. This blog explores those distinctions.
Burglary
Under Indiana Code 35-43-2-1, burglary is defined as the act of breaking and entering the building or structure of another with intent to commit a felony or theft therein. Charges for burglary can range from a Level 5 to a Level 1 felony, depending on the specific circumstances of the case. The key difference between burglary and the other property crimes below is that burglary does not require that an actual theft occur; it hinges solely on the act of breaking and entering a structure with the intent to commit either a felony or theft.
A burglary conviction carries serious consequences, a conviction labels someone as a “serious violent felon”, or “SVF”. Normally, anyone found to be a dangerous person is prohibited from possessing a handgun or they can be charged with unlawful possession of a firearm by a dangerous person, a Class A Misdemeanor. Ind. Code 35-47-4-6.5. However, if a serious violent felon is found in possession of a firearm they can be charged with unlawful possession of a firearm by a serious violent felon, a Level 4 Felony. Ind. Code. 35-47-4-5.
Robbery
According to Indiana Code 35-42-5-1, robbery is defined as knowingly or intentionally taking property from another person or from their presence by using or force, threatening the use of force, or by putting any person in fear. Penalties for robbery can range from a Level 5 felony to a Level 1 felony.
Like burglary, robbery is also classified as a serious violent felony, meaning that it results in a person being designated a serious violent felon.
Theft
Theft is described in Indiana Code 35-43-4-2 as knowingly or intentionally exerting control over the property of another person, with intent to deprive the other person of any part of its value or use. Though typically a Class A Misdemeanor, theft can also be charged as a Level 5 or Level 6 Felony if the value of the property is over a certain amount, the defendant has unrelated convictions, or the property stolen is a firearm.
Unlike robbery, theft does not involve the use of force or the threat of force; instead, it only requires that the person who takes the property intends to deprive the owner of its use or value.
Conversion
Indiana Code 35-43-4-3 defines conversion as knowingly or intentionally exerting unauthorized control over the property of another person. Conversion is usually a Class A misdemeanor, but it can rise to a Level 6 or Level 5 felony if the property involved is a motor vehicle intended to assist in the commission of a felony or if the property was leased and the person failed to return it.
Unlike theft, conversion does not require an intent to deprive the owner of the use or value of the item, instead, it only requires that a person exert unauthorized control over property belonging to another. Additionally, not only is conversion a criminal offense, but it is also a tort offense that people can be held civilly liable for.
If you or a loved one are charged with or being investigated for any of these crimes, contact the experienced attorneys at Banks & Brower 24/7 at info@banksbrower.com or 317-526-4630.