People use the words robbery, burglary, and theft interchangeably in everyday conversation. In a Washington, DC, courtroom, these are three entirely different offenses with distinct elements, penalties, and consequences. The distinction matters enormously if you or someone you love is facing charges, because what a charge is called determines what the prosecution has to prove, how serious the penalties are, and what defenses are available.
This post breaks down each offense under DC law, explains the key distinctions between them, and outlines what is at stake for each.
Theft in Washington, DC
Theft is the foundation of DC’s property crime statutes. The other offenses, robbery and burglary, build on the basic concept of theft by adding additional elements that make them more serious.
What Is Theft Under DC Law?
Under D.C. Code § 22-3211, theft occurs when a person wrongfully obtains or uses the property of another person with the intent to deprive the owner of the right to it or to appropriate it for their own use. No force, no confrontation, and no unlawful entry into a building is required. Theft is simply the taking of someone else’s property without authorization and with the intent to deprive them of it.
Common examples include shoplifting, pickpocketing, identity theft, fraud-based theft, and taking property left unattended.
Theft Penalties in DC
The penalties for theft under DC law depend on the value of the property involved, as set out in D.C. Code § 22-3212:
- Second-degree theft (property worth less than $1,000): A misdemeanor carrying up to 180 days in jail and a fine of up to $1,000
- First-degree theft (property worth $1,000 or more): A felony carrying up to 10 years in prison and a fine of up to $25,000
- Repeat offender enhancement: Under § 22-3212(c), a defendant with two or more prior theft convictions can be charged with felony theft regardless of the value of the property, with a mandatory minimum of one year and a maximum of 15 years in prison.
The repeat offender enhancement is significant and often surprises defendants who assume a minor theft charge will be treated as a misdemeanor. If you have any prior theft history on your record, a new theft charge carries far greater potential exposure than it would for a first-time offender.
Robbery in Washington, DC
Robbery takes the basic concept of theft and adds a critical element: force, violence, or intimidation directed at a person.
What Is Robbery Under DC Law?
Under D.C. Code § 22-2801, robbery is the taking of anything of value from the person or immediate possession of another, by force or violence, or by putting that person in fear. Several elements of this definition are important to understand.
First, the property must be taken from the person or their immediate possession. This distinguishes robbery from theft: in a robbery, the victim is present, and the property is taken directly from them or from within their reach or control.
Second, force, violence, or intimidation must be used to accomplish the taking. The force does not need to be severe. Grabbing a phone out of someone’s hand, snatching a bag while pushing the person aside, or threatening a victim while taking their wallet can all support a robbery charge.
Third, no weapon is required for a standard robbery charge. The use of a dangerous weapon elevates the offense to armed robbery under D.C. Code § 22-4502, which carries a maximum of 30 years in prison.
How Robbery Differs from Theft
The distinction comes down to one element: force or intimidation. If property is taken without any force, the offense is theft. If the taking involves force directed at a person, even minimal force, the offense becomes robbery. That single element transforms what might be a misdemeanor into a felony carrying up to 15 years in prison.
For example, reaching into someone’s pocket and removing their wallet without them noticing is theft. Grabbing the wallet out of their hand is robbery.
Robbery Penalties in DC
- Standard robbery under § 22-2801: Up to 15 years in prison
- Armed robbery under § 22-4502: Up to 30 years in prison
- Attempted robbery under § 22-2802: Up to 3 years in prison (a felony in DC)
Robbery is classified as a crime of violence in DC, which carries additional consequences, including potential immigration impacts and permanent restrictions on firearm ownership.
Burglary in Washington, DC
Burglary is fundamentally different from both theft and robbery. It is not primarily about taking property at all. It is about unlawful entry into a building with criminal intent.
What Is Burglary Under DC Law?
Under D.C. Code § 22-801, burglary involves breaking and entering a building with the intent to commit a crime inside. DC law distinguishes between two degrees of burglary:
First-degree burglary occurs when a person breaks and enters a dwelling, a place where people live, with criminal intent, while another person is present inside. Because it involves intrusion into an occupied home, DC treats first-degree burglary as one of its most serious violent offenses.
Second-degree burglary involves breaking and entering any building where goods or valuables are kept, with criminal intent, regardless of whether anyone is present. It does not require a residential building or an occupied space.
Key Characteristics of Burglary
Several aspects of DC’s burglary statute are worth understanding clearly:
- No theft needs to occur: A person can be convicted of burglary even if they entered a building with criminal intent and left with nothing. The intent at the time of entry is what matters, not whether the intended crime was completed.
- Breaking and entering is broadly defined: You do not need to physically break anything to satisfy the “breaking and entering” element. Opening an unlocked door, entering through an open window, or exceeding the scope of any permission you had to be there can all qualify.
- Intent at the time of entry is critical: The criminal intent must exist at the moment of entry. If someone entered a building lawfully and only later decided to steal something, the burglary statute may not apply, though other charges might.
How Burglary Differs from Theft and Robbery
Theft is about taking property without authorization, with no requirement of force or unlawful entry. Robbery is about taking property from a person using force or intimidation. Burglary is the unlawful entry into a building with criminal intent, regardless of whether a confrontation occurs or anything is taken.
A person who breaks into an empty house intending to steal but leaves before taking anything has committed burglary, but not theft. A person who breaks into an occupied home and confronts a resident could face both burglary and robbery charges.
Burglary Penalties in DC
- First-degree burglary: Up to 30 years in prison
- Second-degree burglary: Up to 15 years in prison
Both are serious felonies. Burglary (both first and second degree) is classified as a crime of violence in DC.
Robbery vs. Burglary vs. Theft in DC
| Offense | Key Element | Victim Present Required? | Weapon Required? | Max Penalty |
| Theft (2nd degree) | Taking property, no force | No | No | 180 days |
| Theft (1st degree) | Taking property over $1,000 | No | No | 10 years |
| Robbery | Force or intimidation, taking from a person | Yes | No | 15 years |
| Armed Robbery | Dangerous weapon used | Yes | Yes | 30 years |
| Burglary (2nd degree) | Unlawful entry, criminal intent | No | No | 15 years |
| Burglary (1st degree) | Unlawful entry, occupied dwelling | Yes | No | 30 years |
Why the Distinction Matters for Your Defense
The charge filed by the prosecutor shapes the entire defense strategy. A robbery charge requires the government to prove force or intimidation, which is often a contestable element. A burglary charge requires proof of criminal intent at the time of entry, which can be challenged on the basis of the circumstances. A theft charge turns largely on value and intent, both of which have their own vulnerabilities.
Understanding what the government must prove for the specific charge you are facing is the first step in building an effective defense. The Law Offices of Krum, Gergely & Oates defends clients against DC robbery charges, DC burglary charges, DC theft charges, and DC shoplifting charges at every level of the DC Superior Court.
Contact a DC Criminal Defense Lawyer Today
Whether you are facing a theft, robbery, or burglary charge in Washington, DC, the stakes are serious, and the process moves quickly. The Law Offices of Krum, Gergely & Oates will fight to protect your rights and your future from day one.
Call (301) 840-0080 or fill out our contact form to schedule a free consultation.
