near me
Robbery Vs Burglary California – What’s The Difference?

ROBBERY VS BURGLARY CALIFORNIA – WHAT’S THE DIFFERENCE?

Los Angeles Criminal Defense LawyerRobbery 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.
See also  DIFFERENCE BETWEEN ROBBERY AND ARMED ROBBERY IN CALIFORNIA

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.
See also  DIFFERENCE BETWEEN ROBBERY AND ARMED ROBBERY IN CALIFORNIA

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.

See also  DIFFERENCE BETWEEN ROBBERY AND ARMED ROBBERY IN CALIFORNIA

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

Cyrus Tabibnia

Cyrus Tabibnia

Cyrus Tabibnia, also known as Shahrooz Tabibnia, is a criminal defense lawyer in Los Angeles, California. With a law degree from Loyola Law School, Los Angeles, he has been practicing law since 2005 and holds license #237348. With over 18 years of experience, Cyrus specializes in various misdemeanor and felony criminal Law including Domestic Violence, Theft Crime, Sex crime, DUI & DWI, Personal Injury, Employment Law, and Cannabis & Marijuana Drugs Law. Being bilingual in English, Persian, and Spanish enables him to effectively communicate with a diverse range of clients. From 2014 to 2018, he served as a board member of the Iranian American Bar Association. An expungement attorney in Los Angeles who can assist you in clearing your criminal record in the state of California.

    Get A Case Review Today

    Please prove you are human by selecting the flag.

    EXCELLENT rating
    Based on 39 reviews
    I would like to sincerely thank my attorney Cyrus Tabibnia and the Tabibnia Law firm for everything you have done for me and my family. Highly satisfied customers and excellent service is what you want when you hire an attorney. I was always treated with respect, if I needed anything or had any questions or concerns Mr. Tabibna was always available. I give a five-star rating as one of his clients and would honestly give a ten-star review if I could, because he is an awesome attorney worth every penny. I would highly recommend to anybody looking for a criminal defense attorney that Cyrus Tabibnia and his law firm be the one you consider
    Pharroh Knight
    Pharroh Knight
    2 April 2024
    Thank you for being so generous with your time and expertise and providing a legal consult! We really appreciate it
    Eli Elay
    Eli Elay
    6 February 2024
    My family had an urgent matter late on a Friday night. Cyrus took our call at 10p, listened to our situation, and answered all our questions. He was thorough in his explanations and addressed our concerns. What we appreciated the most was that he was not pushy and walked us through different approaches for our situation. We have not needed legal representation yet, but with Cyrus’ flexibility, transparency, and straight forwardness, we would highly recommend him.
    MICHELLE ROMAN
    MICHELLE ROMAN
    14 December 2023
    I had a DUI charge where I was having difficulties having an attorney give me the time of day to hear me about my case. I called different places and finally found Cyrus Tabibnia Law Firm a criminal Defense Attorney. I called him and he promptly returned my call. He sat down with me and listened to me, he understood my situation and gave me the peace of mind that lifted the stress I was going threw off my shoulders. He took control and walked me through everything. He explained the process of what to expect and what to do. Whenever I needed to talk to Cyrus, he made himself available to me. I was happy with the outcome of my case and would definitely recommend anyone to give Cyrus Tabibnia a call if they need a dependable criminal attorney to represent them.
    E T
    E T
    19 November 2023
    Mr. Cyrus Tabibnia has been outstanding in his knowledge and work related to legal matters. I have very much appreciated working with you.
    Rinah
    Rinah
    14 November 2023
    I have appreciated working professionally with Mr. Cyrus Tabibnia and his law firm on various cases that will assist his clients.
    Roxanna Rahban
    Roxanna Rahban
    14 November 2023
    Excellent Attorneys AND Customer service. They were patient, kind, and incredibly clear in their communications regarding my case and followed up promptly at each step of the process. I felt seen, heard and valued as a client and highly recommend this firm to anyone who is looking for kindness, professionalism and great results.
    Alexandra Sophia Marsalis
    Alexandra Sophia Marsalis
    14 November 2023
    Dedicated Attorney I have had the privilege of knowing attorney Cyrus Tabibnia since 2010, when he used to be a dedicated Board member at our local Bar Association in Los Angeles. He has always been respected by his colleagues for his legal contribution to the members of the Bar Association. While interacting with him professionally, I have found him to be a man of integrity, a competent counsel and zealous advocate for his clients in a variety of civil and criminal cases. Despite his busy professional schedule, Cyrus adheres to his family values and keeps his precious friendship with the rest of us. I am honored to call Cyrus a colleague and endorse him for the services that he offers to the public.
    Zaher Fallahi
    Zaher Fallahi
    14 November 2023
    I endorse the Tabibnia Law Firm. Mr. Tabibnia is colleague and staunch professional. He is clearly dedicated to his clients, craft, and practice. Do not hesitate to reach out to Mr. Tabibnia for services.
    Daniel Forouzan
    Daniel Forouzan
    10 November 2023

    Recent Posts

    Practice Areas

    Locations We Serve