When it comes to criminal law, terms like larceny and burglary are often used interchangeably by the general public. However, in legal contexts, they have very different definitions, implications, and penalties. Understanding the distinction between larceny and burglary is essential — whether you’re a curious citizen, or someone involved in a legal matter.
This article will break down the differences between larceny and burglary, including definitions, elements of the crimes, and legal consequences
What Is Larceny?
Larceny is a type of theft that involves the unlawful taking of someone else’s personal property with the intent to permanently deprive the owner of it.
Legal Definition:
According to common law, larceny includes the following elements:
Unlawful taking and carrying away
Of someone else’s personal property
Without the consent of the owner
With the intent to permanently deprive the owner of it
Types of Larceny:
Petty Larceny – Involves theft of property below a certain value (typically under $500 or $1,000, depending on the jurisdiction).
Grand Larceny – Involves property above that value, often treated as a felony.
Examples:
Shoplifting a $50 shirt
Stealing a bike from someone’s yard
Pocketing a wallet left on a café table
What Is Burglary?
Burglary is not simply about theft. It involves unlawful entry into a structure with the intent to commit a crime inside — and that crime doesn’t necessarily have to be theft.
Legal Definition:
Most jurisdictions define burglary as:
Unlawful entry into a building or structure
With the intent to commit a crime inside
The crime can be theft, assault, vandalism, etc.
Entry can occur even without force (e.g., entering through an unlocked door)
Degrees of Burglary:
First-degree burglary – Involves entering an occupied dwelling, often with a weapon (treated most seriously).
Second-degree burglary – Generally involves non-residential buildings or unoccupied homes.
Third-degree burglary – May include entry into vehicles or other less-secure structures.
Examples:
Breaking into a home at night to steal electronics
Sneaking into a closed office to destroy documents
Entering a store after hours to vandalize the property
Key Differences
| Feature | Larceny | Burglary |
|---|---|---|
| Type of Crime | Theft | Property invasion + intent to commit a crime |
| Requires Entry? | No | Yes – unauthorized entry is required |
| Requires Theft? | Yes | No – any intended crime qualifies |
| Can Be Attempted? | Not usually charged as attempt | Yes – attempted burglary is a crime |
| Violence Involved? | Typically non-violent | Can involve violence or threat |
| Location | Can happen anywhere | Requires a building or structure |
Legal Consequences
The penalties for larceny and burglary vary widely depending on:
The value of property stolen
Whether weapons were involved
If the property was occupied
The criminal history of the defendant
Larceny Penalties:
Petty larceny: Often a misdemeanor, punishable by fines and/or jail time (up to 1 year).
Grand larceny: Usually a felony with harsher penalties — including several years in prison.
Burglary Penalties:
First-degree burglary: Can result in 10+ years in prison, especially if someone was home or if violence occurred.
Lower degrees: Can still be felonies, often carrying prison sentences from 1 to 15 years.
Additionally, burglary convictions may result in enhanced sentencing for repeat offenders, or if minors were present during the crime.
Examples
To make this clearer, let’s compare two situations:
Scenario 1 – Larceny
Alex is walking through a parking lot and sees a laptop left inside an unlocked car. He opens the door, grabs the laptop, and walks away.
Crime: Larceny – He unlawfully took someone’s property with intent to keep it, but didn’t “break into” the car in a way that qualifies as burglary in many states.
Scenario 2 – Burglary
Samantha breaks into a neighbor’s home at night intending to steal jewelry. Even if she doesn’t end up taking anything, the act of breaking and entering with criminal intent qualifies as burglary.
Crime: Burglary – Her entry and intent are what matter, not whether she succeeded in stealing anything.
Why the Difference Matters
Understanding the difference between larceny and burglary is crucial for several reasons:
1. Legal Defense
Each crime requires a different legal strategy. A defense that works for larceny may not apply to burglary and vice versa.
2. Severity of Punishment
Burglary typically carries more serious penalties than larceny due to the invasion of personal space and potential for violence.
3. Criminal Records
A burglary charge is more likely to appear as a serious offense on background checks, affecting employment, housing, and more.
4. Insurance and Civil Claims
Victims filing insurance claims must report the right type of crime — larceny vs. burglary can affect the amount covered or the speed of reimbursement.
Frequently Asked Questions (FAQs)
Can you be charged with both larceny and burglary?
Yes. If someone breaks into a home (burglary) and steals something (larceny), they can be charged with both.
Is entering through an open door considered burglary?
Yes, if the person enters without permission and intends to commit a crime, even an unlocked door counts as unlawful entry.
What is the difference between theft and larceny?
In many states, “theft” is a broader term that includes larceny and other property crimes. “Larceny” is a specific legal term used in some jurisdictions.
Is shoplifting larceny or burglary?
It’s usually larceny. But if someone hides in a store until closing to commit theft, it could be considered burglary.
Conclusion
While larceny and burglary both involve criminal behavior related to property, they are fundamentally different in how the law treats them. Larceny is the unlawful taking of personal property, while burglary involves illegally entering a structure with the intent to commit a crime. The key differences lie in the location, intent, and actions taken by the offender.
Understanding these distinctions can help individuals better grasp the criminal justice system, prepare legal defenses, or even pursue justice as victims. Whether you’re researching for academic, personal, or professional reasons, knowing the difference between larceny and burglary is knowledge worth having.
Whether you’re facing criminal charges or just want to understand your rights, Southwest Legal is here to help. Our experienced legal team specializes in defending clients against charges like larceny, burglary, and a wide range of other offenses.
Don’t face the justice system alone. Let Southwest Legal fight for you.
