Can I Be Convicted of Both Burglary and Theft?

Yes, you can be charged and convicted of both burglary and theft stemming from a single incident. Most state laws treat these as two separate and distinct crimes and allow prosecutors to pursue both charges. While convictions for both are incredibly common, whether a judge can actually punish you for both offenses at sentencing gets more complicated.

Can You Be Charged With Burglary and Theft?

Yes, prosecutors can charge a defendant with both burglary and theft if both crimes occurred.

What Constitutes Burglary?

Burglary laws were originally enacted to protect people and their possessions inside their homes. A defendant commits burglary by unlawfully entering or remaining in a building or vehicle with the intent to commit a crime inside. Often, the intended crime is theft, which is why this question arises.

What Constitutes Theft?

To commit the crime of theft (or larceny), a person must take someone else’s property without permission and with the intent to permanently deprive the other of its use or possession. Theft typically involves the taking of personal, tangible property. Items commonly stolen during burglaries include cash, jewelry, home electronics, office equipment, and firearms.

Is Theft a Lesser-Included Offense of Burglary?

Generally speaking, no. A crime is a lesser-included offense if it’s impossible to commit the greater offense without also committing the lesser. (You can think of the situation as a couple of nesting dolls; the smaller one is necessarily and completely contained in the larger one.)

A defendant can commit burglary (the greater offense) without committing theft. Burglary only requires the person to unlawfully enter the building with the intent to commit theft or another crime. The completion of theft (or the intended crime) isn’t necessary for burglary to be committed.

Can You Be Convicted of Both Burglary and Theft?

In most instances, yes. Because most states treat burglary and theft as distinct crimes, a person can be convicted of both. The burglary was actually committed as soon as the defendant entered the house with criminal intent—before the theft actually occurred. Put another way, a person could be convicted of burglary even if they never managed to take anything. That person could have stopped their criminal actions at the unlawful entry. But completing the theft means another crime occurred.

Can You Be Punished for Both Burglary and Theft?

This is a trickier question—states deal with this sentencing issue differently.

One Course of Conduct or Objective: One Sentence

Some courts prohibit multiple punishments when the burglary and theft arise out of the same incident. In California, for example, state law prohibits punishing one course of criminal conduct under multiple, different laws. Put another way, if the defendant's actions were geared to accomplishing one objective, a jury can convict the defendant for each offense committed along the way, but the judge can only impose one punishment for the entire course of conduct. (Cal. Penal Code § 654 (2026).)

Whether a case presents one criminal objective or multiple criminal objectives depends on the defendant’s intent when entering and subsequent acts. (People v. Alford, 180 Cal.App.4th 1463, 1468 (2010).) Under California law, a person cannot be punished for both crimes when the burglary was committed in order to commit theft inside (this is one criminal objective). But suppose a person enters an apartment to steal a gun, takes the weapon, and then realizes that a person is home asleep. The defendant takes advantage of the situation and commits a sexual assault, which was not part of the plan when entering the home. The defendant could be punished for both the burglary and the assault, because the assault was not a part of the defendant’s initial intent or purpose.

Two Offenses: Two Punishments

Other states treat burglary and theft as entirely separate and distinct offenses, allowing conviction and punishment for both. Minnesota law, as an example, states that a conviction for burglary doesn’t bar punishment for any other crime committed while in the building. (Minn. Stat. § 609.585 (2026).)

Arizona and Kentucky courts have taken the same approach, essentially saying that the elements of theft and burglary are different. And if a defendant is convicted of both, they can be punished for both. (State v. Arnold, 115 Ariz. 421 (Ariz. Sup. Ct. 1977); Campbell v. Kentucky, 732 S.W.2d 878 (Ky. Sup. Ct. 1987).)

Obtaining Legal Assistance

You should always talk to a local criminal defense lawyer if you are accused of or charged with a crime or have questions about the law or the criminal justice process. Even if you believe you have done nothing wrong, speaking to police without first consulting an attorney can seriously damage your case. An attorney can help you understand the laws in your state and present the strongest possible defense.