criminallaw.wikiThe sourced reference on US criminal law

Property crimes

From criminallaw.wiki, the sourced reference on US criminal law

Law checked as of · Written by the criminallaw.wiki editorial team

Key facts: Property crimes range from simple theft to burglary, robbery, and embezzlement, with definitions and thresholds for felony charges varying by state.[2][3][1][4]

Property crimes are offenses that involve interference with another person's property rather than direct violence against a person, though some, like robbery, involve both.[1]The category includes theft and larceny, burglary, and embezzlement, each defined differently depending on the jurisdiction.[2][3][4]

Overview

Property crimes generally involve the unlawful taking, damaging, or unauthorized use of another person's property.[2]Some property offenses, such as robbery, also involve force or the threat of force against a person, which places them at the intersection of violent and property crime categories.[1]Because definitions and penalties for these offenses come primarily from state law, the exact elements of each crime vary by jurisdiction, and readers can review crimes and offenses generally or the elements of a crime for background on how criminal statutes are structured.[3]

Theft and larceny

Theft is the taking of another person's personal property with the intent of depriving that person of its use, and the term is often used interchangeably with larceny.[2]Larceny is a common-law crime describing the illegal taking of another's property with intent to permanently deprive the owner of it, and most states impose a monetary value requirement for a conviction.[5]Theft is commonly divided into grand theft and petty theft depending on the value of the property taken or, in some states, the type of property, such as a vehicle or firearm.[2]Grand theft may be charged as a felony or misdemeanor depending on the severity of the conduct and the jurisdiction, while petty theft is treated as a misdemeanor.[2]More detail on these distinctions appears on the theft and larceny page, and readers unfamiliar with how criminal charges are classified may also consult felony vs misdemeanor vs infraction.

Burglary

Burglary exists under both the common law and the Model Penal Code, though exact definitions vary by jurisdiction.[3]Common-law jurisdictions generally criminalize illegally entering a building with the intent to commit a crime inside, and some require that the underlying intended offense be a felony.[3]Under the Model Penal Code, burglary is defined as entering a building or structure with intent to commit a crime inside, unless the structure is open to the public at the time, and, unlike the common law, it does not require that the entry occur at night.[3]Because burglary focuses on unlawful entry with criminal intent, it is treated as a distinct offense from the theft and larceny that may occur once inside.[3]

Robbery: a crime against person and property

Robbery is a common-law crime involving the unlawful taking of another's property by violent force or the threat of such force, with intent to permanently deprive the owner of it.[1]Because it involves violence or its threat, robbery is considered more serious than similar property offenses such as larceny, which does not require force.[1]The elements generally include taking property from a person or their presence, through violent force or threat, with the intent to deprive them of it permanently, though these elements can vary by jurisdiction.[1]Some states define robbery to include even a temporary deprivation of property, and many states have tiered schemes that charge more violent robberies as aggravated or armed robbery.[1]Readers interested in offenses involving force against a person may also review violent crimes and assault and battery.

Embezzlement and other property offenses

Embezzlement is the fraudulent taking of personal property, most often money, by someone to whom it was entrusted.[4]It can occur whether the defendant keeps the property or transfers it to a third party.[4]Embezzlement developed historically to cover situations where a person lawfully possessed funds or property but then misappropriated them, since such conduct could not be prosecuted as larceny, which requires proof of a trespassory taking.[4]Proving embezzlement generally requires showing that the person had possession of the property because of their job position, or had authority to exercise substantial control over it, a question courts assess by looking at job title, job description, and company practices.[4]Some states also have fraudulent conversion statutes covering conduct that borders between larceny and embezzlement, and individuals can also be charged with attempted embezzlement.[4]Because embezzlement often arises in a workplace or business setting, it is frequently discussed alongside other white-collar crimes.

Entries in this section

Further entries planned for this section (not yet published):

Common questions

What counts as a property crime?

Property crimes generally involve the unlawful taking, entry, or misappropriation of another person's property, including theft, larceny, burglary, robbery, and embezzlement.[2][3][1][4]Robbery is unusual in this category because it also requires force or the threat of force against a person, making it both a property crime and a crime against the person.[1]

How do dollar amounts affect theft charges?

Many states divide theft into grand theft and petty theft based on the value of the property taken, with grand theft covering amounts above a threshold set by state statute.[2]For example, California law sets the grand theft threshold at stolen goods worth more than $950, or certain items like a vehicle or firearm regardless of value.[2]Larceny similarly often requires proof that stolen property exceeded a set value for a felony charge, such as the $400 threshold described in a North Carolina case, with lower values charged as misdemeanors.[5]

What is the difference between theft and robbery?

Theft, also called larceny, is the taking of property with intent to deprive the owner of it, without necessarily involving force.[2][5]Robbery requires that the taking occur through violent force or the threat of such force, which is why it is treated as a more serious offense than larceny.[1]

What makes burglary different from theft?

Burglary focuses on the unlawful entry into a building or structure with intent to commit a crime inside, rather than on the taking of property itself.[3]A person can be charged with burglary even if no theft ultimately occurs, as long as unlawful entry with criminal intent is shown.[3]

How is embezzlement different from theft?

Embezzlement involves property that was lawfully entrusted to the defendant, such as funds an employee had authority to control, which the defendant then misappropriates.[4]This differs from larceny, which requires a trespassory taking of property the defendant did not already lawfully possess.[4]

References

All sources retrieved November 2026.

  1. ^ a b c d e f g h i j k "Robbery (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  2. ^ a b c d e f g h i j k l "Theft (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  3. ^ a b c d e f g h i j k l "Burglary (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  4. ^ a b c d e f g h i j k "Embezzlement (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  5. ^ a b c d "Larceny (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.