Robbery vs Burglary
by Bill Froehlich
from the Column “Bill on Justice” on Scanner Group
Many times, I have heard people say they have been “robbed”. This is communicated by possibly saying; “ Someone broke into my house and robbed me.” When someone breaks into your home, they are “burglarizing”, not “robbing” you. So, if you have to call in a “burglary” concerning your home, use this term. Stating you have been “robbed” to a dispatcher, will trigger a different set of protocols. Being “robbed” is suggestive of an in progress incident. This requires a more complicated solicitation of information. Is anyone injured, your location, suspect information, weapon used, direction of travel of the suspect; etc.
In reporting a burglary, the dispatcher will ask if anyone is injured, or is the incident in progress with a suspect inside the residence. This reporting changes the protocol process and speeds up the use of resource management, such as getting an officer to your home. It also reduces the number of officers needed to respond, ie; resource management. Burglary involves entering a residence with the intent to commit a crime. That means that entering by forced or unforced means qualifies.
Oregon laws states:
Under Oregon law, burglary is defined as: entering or remaining unlawfully in a building with the intent to commit a crime therein. This crime does not have to be a theft, though that’s what most people commonly think of when they think of burglary.
Burglary in the Second Degree
If a person commits burglary, as defined above, he/she will be charged with 2nd degree burglary. This offense is a Class C Felony and carries a potential 5 year prison sentence and $125,000 in fines.
Burglary in the First Degree
Where the building in question is a dwelling/home, Similarly, if he/she commits a burglary and:
- He/She is armed with a burglary tool or a deadly weapon,
- He/She causes or attempts to cause physical injury to someone, or
- He/She uses or threatens to use a dangerous weapon.
First degree burglary is classified as a Class A Felony, which carries up to 20 years in prison and $375,000 in fines.
Definitions for building and dwelling:
ORS 164.205 Definitions for ORS 164.205 to 164.270. As used in ORS 164.205 to 164.270, except as the context requires otherwise:
(1) “Building,” in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Where a building consists of separate units, including, but not limited to, separate apartments, offices or rented rooms, each unit is, in addition to being a part of such building, a separate building.
(2) “Dwelling” means a building which regularly or intermittently is occupied by a person lodging therein at night, whether or not a person is actually present.
ORS 164.215 Burglary in the second degree (Sometimes called Burg 2 or Burglary 2).
(1) Except as otherwise provided in ORS 164.255, a person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime therein.
(2) Burglary in the second degree is a Class C felony.
Probation = Usually
Jail = Usually, or . . .
Prison = Sometimes
ORS 164.225 Burglary in the first degree (Sometimes called Burg 1 or Burglary 1).
(1) A person commits the crime of burglary in the first degree if the person violates ORS 164.215 and the building is a dwelling, or if in effecting entry or while in a building or in immediate flight
therefrom the person:
(a) Is armed with a burglary tool or theft device as defined in ORS 164.235 or a deadly
(b) Causes or attempts to cause physical injury to any person; or(c) Uses or threatens to use a dangerous weapon.
(2) Burglary in the first degree is a Class A felony.
My next article will shortly follow, and it will explain “Robbery”.
HAVE A SAFE DAY!