Robbery vs Burglary in Rhode Island: What’s the Difference?

By David Ellison

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Criminal Defense

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Last Modified on Mar 13, 2026

In Rhode Island, robbery and burglary are often confused, and many people assume a burglary automatically involves robbery. Although both are serious crimes with significant consequences, they are separate charges with distinct legal definitions and penalties.

Robbery is essentially when you use force or threats to take someone else’s property from them. Burglary is essentially when you unlawfully enter a building or dwelling and your intent is to commit a crime once you’re inside. Whether you’re facing a robbery, burglary, or any other type of criminal charge in Rhode Island, it is important to understand the details of the charge and how the legal process works. Contact the Rhode Island criminal defense attorneys at Ellison Law LLC today so we can help you protect your rights.

What is Robbery in Rhode Island?

In Rhode Island, robbery is a serious felony that involves the use of force or threats when you take someone else’s property. Unlike a regular theft, robbery always involves a confrontation with the victim and some type of intimidation or threat that puts the victim in fear of their life.

There are two main types of robbery charges that you could face in Rhode Island and it all depends on how you committed the crime.

First degree robbery is defined in Rhode Island General Laws § 11-39-1 and it occurs when you are accused of robbery while using a dangerous weapon, causing injury, or targeting someone that is vulnerable (a senior citizen, a severely impaired person, etc). First degree robbery carries harsher penalties and is considered a capital offense in Rhode Island, usually carrying mandatory prison time.

Second degree robbery involves threatening or physical force when committing a robbery, but without any of the aggravating factors of first degree robbery. Second degree robbery is defined in Rhode Island General Laws § 11-39-1. Second degree robbery also carries penalties of jail or fines, however not as serious as first degree robbery.

What are the Penalties for Robbery in Rhode Island?

The penalties for first and second degree robbery can be found in Rhode Island General Laws § 11-39-1. Robbery is one of the most serious theft-type crimes in Rhode Island. Your punishment will largely depend if the charge is classified as a first or second degree robbery charge, based on the circumstances of what happened. Regardless of the degree of robbery charged, a conviction can result in lengthy prison sentences, substantial fines and a permanent felony on your criminal record. These consequences can affect you for the rest of your life, including making it difficult to secure employment or housing.

If you received a first degree robbery charge in Rhode Island, you’re facing one of the most severe theft-related charges in the state. This is a capital offense in Rhode Island, meaning it is punishable by up to life in prison, with a minimum of 10 years in prison. The court may also ask for financial penalties, with fines up to $15,000.

A second degree robbery charge in Rhode Island has less severe penalties than a first degree robbery charge, but it still is a serious felony offense with significant consequences. If you received a second degree robbery conviction then you’re facing a minimum of five years in prison that could go up to 30 years, and/or fines up to $10,000.

What is Burglary in Rhode Island?

In Rhode Island, burglary is when you break and enter the dwelling-house of another in the nighttime with the intent to commit a felony therein, whether the felony be actually committed or not. This intent isn’t limited to stealing, it could be to commit any felony. Unlike trespassing or larceny, burglary is different because it’s a combination of an unauthorized entry and your intent is to commit a felony once you’re inside the structure.

The seriousness of the charges you face depends on the circumstances of the incident and the  type of building you entered. The elements of burglary are as follows:

1. Breaking and entering into the dwelling-house of another
2. In the nighttime
3. With the intent to commit a felony inside, whether the felony be actually committed or not.

The intent to commit a felony is a key element for burglary. The State must be able to prove that you had an intent to commit a felony once you were in the building, which can be difficult. If they cannot prove that, you may be able to get your case dismissed or reduced to a lesser-included crime.

What are the Penalties for Burglary in Rhode Island?

According to Rhode Island General Laws 11-8-1, if you are convicted of burglary you must be sentenced to at least 5 years in prison, but burglary is a capital offense in Rhode Island which means you could be sentenced up to life in prison.

The penalties vary depending on a variety of factors, such as if you are accused of using a weapon, the type of weapon, or causing injury. It also depends on the type of crime you are accused of intending to commit once you are inside the dwelling. Penalties also vary if it is your first, second, or subsequent offense.                                               

What is the difference between Robbery and Larceny in Rhode Island?

In Rhode Island, although robbery and larceny are both theft related charges, they’re very different crimes and have very different penalties. The key element that separates robbery from larceny in Rhode Island is the use of force, violence or threats.

Larceny, or stealing, is when you unlawfully take someone else’s property with the intent to permanently deprive them of it. Usually, it doesn’t involve physical force or threats. It is just the taking of the property of another.

On the other hand, Robbery is a much more serious criminal charge because it also involves taking someone else’s property with the intent to permanently deprive them of it but the difference is that it involves the use of threats, violence or force to take the property directly from a person. It’s considered a violent crime, even if you didn’t use a weapon. Some common examples include threatening someone to hand over their wallet or taking a purse by physically grabbing it from someone.

As a result, while both robbery and larceny are criminal offenses, robbery is much more serious than larceny. A robbery charge carries the risk of mandatory jail time, fines and a felony conviction on your record.

What is the difference between Burglary and Larceny in Rhode Island?

Burglary and larceny are also confused with one another but they are actually very different crimes.

Burglary is when you break and enter the dwelling-house of another in the nighttime with the intent to commit a felony therein. While the intent is often to commit a theft related offense, it is not always the case. You may enter intending to commit an assault, a sexual offense, or even take no further action after entry. As long as you unlawfully entered into a building or dwelling with the intent to commit a felony, you could potentially be charged with burglary.

In Rhode Island, Larceny is the act of unlawfully taking, or stealing, someone else’s property with the intent to permanently deprive the property from them. You must have been accused of taking someone else’s property to be charged with larceny.

What is the difference between Burglary and Trespassing in Rhode Island?

In Rhode Island, both burglary and trespassing involve some form of unlawfully entering a property without permission, however, what your intent is once you are inside the building is the key difference between the two crimes.

Burglary is when you break and enter the dwelling-house of another in the nighttime with the intent to commit a felony therein. Even if you don’t actually commit the felony, intent alone can potentially lead you into a burglary charge.

Trespassing is when you unlawfully enter someone else’s property (it doesn’t have to be a house) without permission but you don’t have any intent to commit a crime inside. Some examples are walking into a fenced backyard or refusing to leave after the owner of the property told you to leave. Trespassing is a much less serious crime than burglary and usually is charged as a misdemeanor.

What should I do if I get a robbery or burglary charge in Rhode Island?

If you’ve been charged with robbery or burglary in Rhode Island, it is important that you don’t panic and act quickly to protect yourself since these charges are serious felonies. Contact the Rhode Island criminal defense attorneys at Ellison Law LLC so we can help you to understand the charges, investigate the facts, and protect your rights.