Burglary and robbery are both serious crimes in California that involve theft. However, both have several key legal differences, including the elements required to prove each offense, the intent of the perpetrator, and the types of penalties imposed upon conviction of the crimes. If you are facing burglary or robbery charges in California, contact a skilled California criminal defense attorney who can fight to protect your rights.
Burglary vs Robbery- The Legal Definitions and Elements
Under California Penal Code §459, burglary is defined as unlawfully entering a structure with intent to commit theft or a felony. It applies when the intended theft exceeds $950, the location is not a commercial business, or it is a commercial business that was closed to the public at the time of entry.
The law for robbery is found in California Penal Code § 211. On definition, robbery is “the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.” Robbery requires the presence of the victim during the commission of the crime and requires the use of force or threats against that person. In contrast, burglary does not require the victim to be present and it does not require the element of force or intimidation. Instead, a key element of burglary is the unlawful entry into a building or structure with the intent to commit a theft or felony inside, regardless of whether anyone is there at the time.
Legal Intent Required for Burglary and Robbery
Both burglary and robbery are specific intent crimes, but the nature of that intent is different for each crime. In burglary the intent is to unlawfully enter a building or structure with the intent to commit theft or with the intent of committing a felony. In robbery, the intent is to steal property while using force or fear upon the victim. The robbery itself must be committed with the intention of forcibly taking another person’s property.
Burglary and Robbery Charges and Punishments in California
Burglary and robbery are both classified into two degrees under California law, each carrying distinct sentencing guidelines upon conviction.
First-Degree vs. Second-Degree Burglary and Punishments
First-degree burglary occurs when a person unlawfully enters an inhabited structure, such as a house, with the intent to commit theft or any felony. First-degree burglary is a felony, punishable by two, four, or six years in state prison and may also include a fine.
Second-degree burglary involves unlawful entry into a non-residential structure with the intent to commit theft or a felony. Second-degree burglary is classified as a “wobbler” offense, meaning it can be charged as either a felony or misdemeanor, depending on the circumstances. If charged as a felony, it is punishable by up to three years in state prison. As a misdemeanor, it is punishable by up to one year in county jail.
First-Degree vs. Second-Degree Robbery and Punishments
All robbery charges are felonies in California. First-degree robbery, however, carries harsher penalties, and is more severe, involving robberies in inhabited dwellings, against transportation workers, or during ATM usage. First-degree robbery is punishable by three, four, or six years in state prison.
Second-degree robbery charges involve all offenses that do not meet the specific criteria for first-degree robbery. Typically, these cases have less serious or aggravated circumstances. Despite its lower severity, second-degree robbery is still classified as a felony and is punishable by imprisonment in state prison for two, three, or five years.
Contact The Law Office of Nicolai Cocis If You Are Facing Burglary or Robbery Charges
Facing burglary or robbery charges in California can be incredibly stressful. Your freedom, future, and reputation are all on the line, and a conviction can have lasting and serious consequences. Luckily, you don’t have to navigate it alone. The Law Office of Nicolai Cocis is here to advocate for your rights and fight for your defense. Located near the Southwest Justice Center in Murrieta, our experienced legal team has over 25 years of defending criminal cases across southwestern Riverside County. If you’re being charged with burglary or robbery, contact our criminal defense law firm to receive the legal support you need.
