What’s the Difference Between Robbery and Burglary in Oregon?
Many people informally say, “I was robbed” when they were actually victims of a “burglary.” Similarly, many defendants charged with “burglary” might think they’ve been charged with “robbery.” In general, as you can see below, what primarily separates the two crimes is whether the crime took place in a house or building.
Even though the terms “robbery” and “burglary” are often used interchangeably, they are legally different charges and concepts. Both burglary and robbery are defined by statute:
Robbery in the First Degree is defined by Oregon law ORS 164.415
(1) A person commits the crime of robbery in the first degree if the person violates ORS 164.395 and the person:
(a) Is armed with a deadly weapon;
(b) Uses or attempts to use a dangerous weapon; or
(c) Causes or attempts to cause serious physical injury to any person.
(2) Robbery in the first degree is a Class A felony.
Robbery in the Second Degree is defined by Oregon law ORS 164.405
(1) A person commits the crime of robbery in the second degree if the person violates ORS 164.395 and the person:
(a) Represents by word or conduct that the person is armed with what purports to be a dangerous or deadly weapon; or
(b) Is aided by another person actually present.
(2) Robbery in the second degree is a Class B felony.
Robbery in the Third Degree is defined by Oregon law ORS 164.395
(1) A person commits the crime of robbery in the third degree if in the course of committing or attempting to commit theft or unauthorized use of a vehicle as defined in ORS 164.135 the person uses or threatens the immediate use of physical force upon another person with the intent of:
(a) Preventing or overcoming resistance to the taking of the property or to retention thereof immediately after the taking; or
(b) Compelling the owner of such property or another person to deliver the property or to engage in other conduct which might aid in the commission of the theft or unauthorized use of a vehicle.
(2) Robbery in the third degree is a Class C felony.
Burglary in the First Degree is defined by Oregon law ORS 164.225
(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 weapon;
(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.
Burglary in the Second Degree is defined by Oregon law ORS 164.215
(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.
If you’ve been a victim of either robbery or burglary, contact the police. If you’ve been accused by someone of committing robbery or a burglary, invoke your right to remain silent and contact a criminal defense attorney immediately. These crimes are all felonies, some of them are Measure 11 crimes, and therefore can involve mandatory prison sentences.