The Law distinguishes between burglary, robbery, simple theft (petty larceny), etc. - so the fact that here, the Court will not prosecute for burglary doesn't mean that the perp will get off scot-free.
Regards,
I am guessing this is the same “rationale” that when a 6’6” 250lb muscle guy says to the 80 yr old lady.. “give me your wallet, please”.
it isn’t actually theft, as they did not implicity say “or else”?