ROBBERY VS BURGLARY CALIFORNIA – WHAT’S THE DIFFERENCE?

Robbery and burglary are two different crimes that often cause confusion due to their similarities. In California, understanding the difference between these offenses is crucial, as they carry different legal definitions and potential penalties. This article will delve deeper into the definitions, degrees, and consequences of robbery and burglary in California, providing a clear understanding of their distinctions within the state’s criminal justice system.

Definition of Robbery

Robbery is a crime in which a person forcibly takes someone else’s property through the use of force or fear. In order to be considered guilty of robbery, most states require the following elements to be met:

• Taking money, property, or something of value from another person.
• The taking occurs when the property is in the possession of another party or in their immediate presence.
• The property is taken against the party’s will.
• The taking is accompanied by the use of force, threat of force, or threat of violence.

Robbery is generally considered as a type of violent crime and can be classified into different degrees by some jurisdictions. For example; if an individual walking down the street grabs a purse from a bystander and reveals that they possess a gun, this act would be categorized as robbery. It is essential to note that force in the context of robbery does not necessarily entail the use of a weapon or physical violence. Intimidation and coercion can also constitute force during the commission of a robbery.

Types of Robbery

• First-degree robbery: First-degree robbery is considered the most severe and subject to the harshest penalties. It includes robberies involving the driver or passenger of a taxi, cable car, streetcar, or any other form of transportation for hire. Additionally, first-degree robbery encompasses robberies that occur inside an occupied residence, boat, or trailer, as well as those committed shortly after a person uses an ATM or while they are actively using it. It is essential to note that first-degree robbery is classified as a felony offense under California law.
• Second-degree robbery: Under PC 212.5, this refers to a robbery that does not meet the qualifications of first-degree robbery. Like first-degree robbery, it is also regarded as a felony offense and subject to harsh penalties.

Armed Robbery

In some states, a distinction is made between robbery and armed robbery. Armed robbery occurs when a person commits robbery while using or exhibiting a weapon that can cause death or causes bodily injury to someone.

Penalties for Robbery

Robbery is considered a felony offense and the penalties vary depending on the specific circumstances of the case and state laws. Possible penalties for first-degree robbery can include felony probation, imprisonment for 3, 4, or 6 years in state prison, and/or a fine of up to $10,000. For second-degree robbery, potential penalties can include felony probation, imprisonment for 2, 3, or 5 years in state prison, and a fine of $10,000 in case of conviction.

Definition of Burglary

Burglary occurs when a person enters a building or occupied structure with the intent to commit a theft or felony. The following elements are generally required for a person to be guilty of burglary:

• Entry into a building or occupied structure.
• Intent to commit a theft or felony.

It is often a defense in burglary cases if the defendant can prove that the property they entered was abandoned at the time of the alleged offense.

Types of Burglary

Burglary can be classified as either first or second degree. First-degree burglary, also known as residential burglary, takes place when the burglar unlawfully enters a residence or someone’s home. On the other hand, second-degree burglary, commonly called commercial burglary, occurs when the burglar breaks into a building that is not a residence, such as a commercial or public establishment.

• Level 1 to 5 burglary: Some states like Indiana have multiple levels of burglary, with level 1 being the most severe. The classification is based on factors such as the type of building entered, physical harm caused to others, or whether the defendant was armed during the crime.
• Breaking and entering: Some jurisdictions require forcible entry as an element of burglary.
• Residential burglary: Unlawful entry into a dwelling with the intent to commit a crime, not necessarily theft or a felony.

Let’s take a look at a couple of examples to further illustrate the concept of burglary. In the first scenario, if an individual unlawfully enters their ex-wife’s home with the intention of committing assault, even if they do not end up carrying out the assault, they would still be guilty of burglary. However, if they do commit the assault after breaking into the home, they could be found guilty of both burglary and assault.

In another example, if a person breaks into a school with the intention of stealing computers, they would be guilty of burglary, even if the school was closed at the time and there were no other individuals present on the property. According to the California Penal Code, burglary does not require direct interaction with others, so the absence of individuals does not negate the burglary charge.

Penalties for Burglary

Under California law, first-degree burglary is considered a felony offense. Those convicted of this crime may face penalties such as felony probation and a sentence of 2, 4, or 6 years in a California state prison. Additionally, a fine of up to $10,000 can be imposed.

Second-degree burglary, on the other hand, is classified as a wobbler offense, which means it can be charged as either a felony or a misdemeanor based on the prosecution’s discretion. If charged as a felony, penalties may include felony probation and a jail sentence ranging from 16 months to 3 years in a county jail, along with the possibility of a $10,000 fine. If charged as for misdemeanor crimes, the penalties may involve a $1,000 fine, up to one year in county jail, and misdemeanor probation.

Difference Between Robbery and Burglary

The main distinction between robbery and burglary lies in the action taken and the use of force. Robbery involves the actual taking of someone else’s property through force or fear, while burglary refers to entering a structure with the intent to steal or commit another crime without a requirement for aggressive or threatening behavior.

It’s important to note that if a person enters a home with the intent to steal, they commit burglary. However, if they also take something and threaten harm to the owner, they have committed both burglary and robbery.

Conclusion

No matter what types of robbery or burglary charges you are facing in Los Angeles, California. An experienced criminal defense attorney like Cyrus Tabibnia can help you immediately. The potential consequences of these charges can significantly impact your personal and professional future. At the Law Office of Tabibnia Law Firm, criminal defense attorney Mr. Cyrus Tabibnia is dedicated to providing expert legal representation. He will work diligently to comprehend your legal rights, strategize the best possible defense, and strive for a favorable outcome in your case. Take the first step towards protecting your rights by contacting the Law Office of Tabibnia Law Firm today for a free consultation at 866-713-2159