Theft vs. Burglary in Arkansas: Understanding the Difference

 Theft and burglary are often mentioned together, but under Arkansas law, they are distinct criminal offenses. Understanding that distinction matters because the allegations, elements prosecutors must establish, and potential consequences can differ significantly.

If you are facing either type of charge, speaking with a lawyer familiar with criminal law in Jonesboro, AR and Northeast Arkansas can help you understand the specific allegations and your legal options.

What Is Theft in Arkansas?

Under Arkansas Code § 5-36-103, theft of property generally involves knowingly taking or exercising unauthorized control over another person's property—or obtaining it by deception or threat—with the purpose of depriving the owner of it.

In simpler terms, a theft allegation focuses primarily on property and the intent to deprive its owner of it.

Examples could include allegations involving:

• taking merchandise without paying;

• taking another person's personal property;

• obtaining property through deception; or

• exercising unauthorized control over someone else's property.

The classification and consequences of a theft charge can depend on factors such as the value and type of property and the circumstances surrounding the alleged offense.

What Is Burglary in Arkansas?

Burglary focuses on something different.

Under Arkansas law, residential burglary occurs when a person enters or remains unlawfully in another person's residential occupiable structure with the purpose of committing an offense punishable by imprisonment inside. Residential burglary is classified as a Class B felony.

Commercial burglary applies to unlawfully entering or remaining in another person's commercial occupiable structure with that purpose and is generally a Class C felony.

This leads to an important distinction:

Burglary does not simply mean stealing something from a building.

The intended offense inside the structure can be an offense other than theft.

Theft vs. Burglary: The Key Difference

A simple way to understand the distinction is:

Theft concerns unlawfully taking or obtaining property. Burglary concerns unlawful entry or remaining in a qualifying structure with the purpose of committing an imprisonable offense inside.

That means theft can occur without burglary, and a burglary allegation does not necessarily require completed theft.

For example, someone accused of taking property in circumstances that do not involve unlawful entry may face a theft allegation without burglary. Conversely, the state's burglary theory can focus on the person's alleged purpose when entering or remaining unlawfully, even if the intended offense was never completed.

Can Someone Be Charged With Both Theft and Burglary?

Depending on the alleged conduct, a case may involve multiple charges.

If prosecutors allege that someone unlawfully entered a qualifying structure intending to commit theft and then took property, the facts could potentially support allegations relating to both burglary and theft. Whether particular charges are legally supported depends on the evidence and circumstances of the individual case.

This is one reason someone facing criminal charges should avoid assuming that two charges arising from the same incident are interchangeable.

Is Breaking a Door or Window Required for Burglary?

Not necessarily.

Arkansas's burglary statute focuses on entering or remaining unlawfully in the structure with the required purpose. The statutory definition does not make physically breaking a door or window an element of residential or commercial burglary.

That distinction can be surprising to people who associate the word “burglary” exclusively with physically breaking into a building.

Why Intent Matters

Intent can be a central issue in both offenses.

For theft of property, Arkansas law addresses acting with the purpose of depriving the owner of property. For burglary, the statute addresses the purpose of committing an offense punishable by imprisonment within the structure.

Questions about what a person allegedly intended, when that intent existed, whether entry was actually unlawful, who owned the property, and what the evidence shows can therefore become important in a criminal case.

What Should You Do If You Are Accused of Theft or Burglary?

Being questioned, investigated, or arrested does not mean you have been convicted.

Avoid trying to resolve a serious criminal allegation by giving investigators an explanation without first understanding your rights. Benson Law Firm specifically advises people facing criminal charges or investigations to consult an attorney early and emphasizes the constitutional protection against self-incrimination.

A lawyer serving Jonesboro, AR can review the allegations, examine the evidence, explain the charges, and identify issues that may be relevant to a defense.

Criminal Defense for Jonesboro and Northeast Arkansas

Benson Law Firm handles criminal defense matters including felonies, misdemeanors, theft, burglary, drug charges, assault/battery, juvenile matters, and other criminal cases. The firm states that it serves clients throughout Arkansas, including Craighead County and other counties in Northeast Arkansas.

If you have been accused of theft or burglary and are searching for guidance on criminal law in Jonesboro, AR, getting advice specific to your case is more useful than relying on general information online.

Frequently Asked Questions

What is the main difference between theft and burglary in Arkansas?

Theft generally centers on knowingly taking, controlling, transferring, or obtaining another person's property with the purpose of depriving the owner. Burglary centers on unlawfully entering or remaining in a residential or commercial occupiable structure with the purpose of committing an offense punishable by imprisonment inside.

Do you have to steal something to be charged with burglary in Arkansas?

No. Arkansas's burglary statute does not require a completed theft. It focuses on unlawful entry or remaining coupled with the purpose of committing an imprisonable offense inside the structure.

Can burglary and theft be charged from the same incident?

Potentially. Depending on the alleged facts, an incident involving unlawful entry followed by taking property could give rise to multiple allegations. The specific charges depend on the circumstances and evidence.

Is residential burglary a felony in Arkansas?

Yes. Arkansas law classifies residential burglary under § 5-39-201(a) as a Class B felony. Commercial burglary is generally a Class C felony.

Do police have to prove that a door or window was broken?

Physical breaking is not listed as an element of residential or commercial burglary under Arkansas Code § 5-39-201. The statute instead addresses entering or remaining unlawfully with the required criminal purpose.

When should I contact a criminal defense lawyer?

If you are under investigation, have been arrested, or have been charged, obtaining legal advice early can help you understand your rights before making decisions or statements that could affect the case. Benson Law Firm likewise recommends consulting an attorney at the earliest opportunity when facing a criminal investigation or charge.

Facing a Theft or Burglary Charge?

The difference between theft and burglary can sound straightforward, but actual criminal cases can involve complicated questions about property, unlawful entry, intent, evidence, and the circumstances surrounding an arrest.

If you need a lawyer serving Jonesboro, AR for a theft, burglary, or other criminal matter, Benson Law Firm provides criminal defense representation to clients in Northeast Arkansas.

Learn more about criminal defense at Benson Law Firm

This article provides general information about Arkansas criminal law and is not legal advice. Laws and their application can change, and the outcome of any case depends on its specific facts.