Burglary, robbery, and theft are often used interchangeably, but under Wisconsin law they’re three different crimes with different elements and penalties. Theft is taking someone’s property without consent and with intent to permanently deprive the owner of it. Burglary is entering a building or certain other places without consent while intending to steal or commit a felony inside. Robbery is taking property from a person or their presence through force or the threat of imminent force. Which charges may apply depends on the circumstances and what prosecutors can prove.
If you’ve been accused of any of these offenses, the specific charge matters a great deal. At Schiro Criminal Defense, Milwaukee criminal defense attorney John Schiro brings more than 40 years of experience to clients facing serious property and violent crime allegations. Contact Schiro Criminal Defense at (414) 277-9696 to discuss your case.
What Is the Difference Between Robbery, Burglary, and Theft?
The table below gives a quick overview based on Wisconsin statutes:
| Theft | Burglary | Robbery | |
| Wisconsin statute | § 943.20 | § 943.10 | § 943.32 |
| Core conduct | Taking, using, or keeping another’s property without consent and with the required criminal intent | Entering a covered place without consent and with intent to steal or commit a felony inside | Taking property from a person or their presence through qualifying force or threats of imminent force |
| Must property actually be taken away? | Not necessarily; unauthorized use or retention can qualify | No | Yes, for completed robbery |
| Must there be entry? | No | Yes | No |
| Is force or threat required? | No | No | Yes |
| Basic classification | Class A misdemeanor to felony, depending on value and circumstances | Class F felony | Class E felony |
| Enhanced version | Higher felonies based on value or circumstances | Class E felony | Armed robbery, a class C felony |
This table compares completed offenses. Attempt charges may apply even when an offense is not completed.
What Counts as Theft Under Wisconsin Law?
Wisconsin’s theft statute, § 943.20, covers a range of conduct. The most common form involves intentionally taking and carrying away, using, transferring, concealing, or keeping someone else’s movable property without consent, with the intent to permanently deprive the owner of it.
Theft can occur without force or unlawful entry. Shoplifting, keeping a borrowed item you intend never to return, or taking a wallet left on a table can all be theft, even though no one was threatened and no one broke into anything.
Penalties depend mainly on the value of the property:
- $2,500 or less: Class A misdemeanor.
- More than $2,500 up to $5,000: Class I felony.
- More than $5,000 up to $10,000: Class H felony.
- More than $10,000 up to $100,000: Class G felony.
- More than $100,000: Class F felony.
Certain circumstances also raise the classification regardless of value. Taking property directly from the person of another, for example, is a class G felony.
What Counts as Burglary Under Wisconsin Law?
Under § 943.10, burglary occurs when someone intentionally enters a building, dwelling, or certain other enclosed places, such as a locked cargo area of a truck or a room within a building, without the consent of the person in lawful possession, and with intent to steal or commit a felony there.
Two common misconceptions are worth clearing up:
- Burglary doesn’t require forced entry. Walking through an unlocked door or an open window can be enough if the other elements are met.
- Burglary doesn’t require a completed theft. The crime is the unauthorized entry combined with the intent to steal or commit a felony.
Wisconsin courts have also held that entering a place open to the public, like a hotel lobby, isn’t burglary even with intent to steal.
Burglary is generally a class F felony. It becomes a class E felony in certain situations, such as when the person is armed with a dangerous weapon, opens a depository using explosives, commits a battery on someone lawfully inside, or enters a dwelling while another person is lawfully present.
What Counts as Robbery Under Wisconsin Law?
Under § 943.32, robbery involves taking property from the person or presence of the owner, with intent to steal, by using force against the owner with intent to overcome or prevent physical resistance, or by threatening imminent force against the owner or another person present to compel the owner to submit to the taking or carrying away.
Robbery becomes armed robbery when the person uses or threatens to use a dangerous weapon, or an object used or fashioned in a way that leads the victim to reasonably believe it’s a dangerous weapon. Armed robbery is a class C felony, one of the most serious property related offenses in Wisconsin.
Questions about how these distinctions affect your case? Contact Schiro Criminal Defense at (414) 277-9696.
When Do the Lines Between Theft, Burglary, and Robbery Become Blurred?
Real life situations don’t always fit neatly into one category. A few examples show how the charge depends on the details.
Entering an Unlocked Home and Leaving Without Taking Anything
If someone enters a home without permission, intending to steal, but leaves without taking or otherwise exercising unauthorized control over property, there may be no completed theft. Burglary may still apply because a completed taking is not required.
Taking Property After Being Invited Inside
If you’re invited into a home and later take something, the entry itself was with consent, so burglary typically doesn’t fit. The taking may be charged as theft. However, permission to enter one area does not necessarily authorize entry into every room. Entering a restricted room without consent and with intent to steal or commit a felony there may support a burglary charge.
Taking Property From Someone Without Threatening Them
Snatching an item from someone without using force to overcome resistance or making threats may be charged as theft from the person, a class G felony, rather than robbery.
Using Force During the Taking or Carrying Away
Force used to overcome or prevent resistance during the taking or carrying away of property can support a robbery charge. The victim does not necessarily have to fight back. The timing and nature of the force are often central issues in these cases.
Which Is Worse in Wisconsin: Burglary or Robbery?
In general, robbery is treated more seriously than burglary because it involves force or threats against a person. Basic robbery is a class E felony, punishable by up to 15 years in prison, while basic burglary is a class F felony, punishable by up to 12.5 years. Armed robbery, a class C felony, can carry up to 40 years.
That said, it’s important to compare the specific charges, not just their names. Burglary of a dwelling while someone is home, or while armed, is also a class E felony, the same level as basic robbery.
What Happens If You Are Charged With Theft, Burglary, or Robbery?
At the initial appearance, the court addresses the charges, representation, and release conditions. In misdemeanor cases, a plea may be entered at that appearance. Felony cases generally include a preliminary hearing, unless waived, to determine whether probable cause supports proceeding. If the case proceeds, arraignment follows, when the defendant enters a plea.
Steps to Take While Your Case Is Pending
While your case is pending, these steps can help protect you:
- Follow all bond conditions: Comply with no contact orders, curfews, and other restrictions.
- Don’t discuss the case: Avoid talking about the allegations with anyone but your attorney, including on social media.
- Preserve helpful evidence: Save receipts, messages, and other records that may support your account.
- Attend every court date: Missing court can lead to a warrant and additional charges.
- Contact Schiro Criminal Defense: Call (414) 277-9696 to speak with an experienced Milwaukee criminal defense attorney.
What Defense Strategies May Apply?
Every case is different, but several defenses commonly arise in theft, burglary, and robbery cases.
Identification may be disputed when the evidence relies on eyewitness accounts or unclear video. Defense issues may include mistaken identity, whether the required intent existed, whether entry was actually authorized, and whether the alleged conduct involved the force or threats required for robbery. Any claimed ownership or right to possession must be evaluated under the facts and applicable law.
An attorney may also examine how property values were calculated, since value can determine whether a theft is a misdemeanor or felony, and whether searches, identifications, and statements were obtained lawfully. Depending on the evidence and circumstances, counsel may pursue reduced charges, negotiated sentencing terms, or dismissal. Restitution may be part of a negotiated resolution, but repayment does not automatically eliminate criminal liability.
How Schiro Criminal Defense Can Help
At Schiro Criminal Defense, Attorney John Schiro has more than 40 years of legal experience defending clients facing serious criminal charges in Milwaukee. He takes the time to listen to your side of the story and build a personalized defense based on your goals.
Whether you’re facing a misdemeanor theft charge or a serious robbery or burglary allegation, we’ll review the evidence, identify weaknesses in the state’s case, and fight to protect your freedom. We offer a 24 hour answering service and discounts for veterans. No outcome can be guaranteed, but you don’t have to face these charges alone.
Contact Schiro Criminal Defense at (414) 277-9696 to discuss your case.
