What’s the Difference Between Robbery and Burglary in California?
Some people believe robbery and burglary are the same crime, but they are not. In California, robbery and burglary are completely separate crimes with different requirements and penalties.
This article discusses the differences between robbery and burglary under California law. It also answers common questions about the two crimes. Finally, it explains how a Marin County criminal defense attorney can help with robbery or burglary charges.
What Is Robbery Under California Law?
Essentially, robbery involves taking something from someone by using force or fear. To find a person guilty of robbery, the jury must find, beyond a reasonable doubt, that:
- The defendant took property that did not belong to them,
- The property was in someone else’s possession,
- The defendant took the property from the other person or in their immediate presence,
- The defendant took the property without the other person’s consent,
- The defendant used force or fear to take the property, and
- At the time the defendant acted, they intended to permanently take the property from the owner.
In California, the victim must fear injury to themselves, their family, or their property. To understand this, imagine a pickpocket who sneaks up behind their target and takes their phone without being noticed. Because the person didn’t see the pickpocket, there was no fear, and therefore, no robbery. But if a person walks up to someone with a weapon and says, “Give me your phone!” the threat changes the theft to a robbery.
Also, while the amount stolen matters in many California theft crimes, a robbery is a robbery regardless of the value of the property taken.
In California, robbery is a first-degree felony when it happens inside an inhabited dwelling, the victims are public transportation operators or passengers, or the victim is using or has recently used an ATM. First-degree robbery is punishable by three, four, or six years in jail. However, if the robbery happened in an inhabited dwelling and the defendant worked with at least two other people, the penalties jump to three, six, or nine years.
All other robberies are second-degree robberies. A conviction for second-degree robbery carries two, three, or five years of jail.
What Is Burglary in California?
Burglary covers crimes that occur in homes, businesses, and other qualifying buildings or structures. Under California law, a person can be guilty of burglary if they:
- Entered a building (or a room inside of a building), and
- Entered the space with the intent to commit grand or petit larceny or any felony.
Notably, the defendant does not need to complete the felony. What matters is the intent to commit it when they entered. Also, even if no one was home, there can still be a burglary. The key is whether the place was used as a dwelling at the time of the crime, not whether someone was there.
A person who steals from a commercial establishment may argue that the crime should be shoplifting rather than burglary. If this happens, in addition to the two requirements above, the prosecutor must also prove that the defendant:
- Took or intended to take items worth more than $950.00, or
- Entered a non-commercial establishment, or
- Entered a commercial establishment outside of established business hours.
In California, burglary of an inhabited dwelling is a first-degree felony. It is punishable by two, four, or six years in county jail.
Second-degree burglary can be charged as a felony or a misdemeanor. California calls these crimes “wobblers.” Factors that are used to determine whether a second-degree burglary should be a felony or a misdemeanor include:
- The seriousness of the offense (e.g., weapons or injuries)
- The value of the property
- The defendant’s criminal record
- Whether the defendant committed the crime while on probation or parole
- The defendant’s role in the crime
As a misdemeanor, second-degree burglary carries up to one year in county jail. As a felony, it can be punished by 16 months, 2 years, or 3 years in jail.
What’s the Difference Between Burglary and Robbery in California?
Robbery and burglary are different in many ways, including whether a theft, a victim, or a building is required.
Theft. Robbery requires a theft. However, burglary occurs when a person enters a home intending to commit a theft or any felony. So, if a person goes into a dwelling to steal, kidnap, assault, or perpetrate some other felony, it’s a burglary.
Force and fear. Robbery requires force or fear. Burglary can happen without either.
A present victim. In a robbery, the item must be taken from a person or their immediate surroundings. But burglary doesn’t require this. A burglary is a burglary even if no one is in the building at the time.
A building. Burglary needs an entry into a building. A robbery can take place in a building, but it can also happen in a park, on a sidewalk, or anywhere else a person might be.
Frequently Asked Questions About Robbery and Burglary in California
- Can robbery or burglary charges be filed years after the alleged crime?
Yes. California law allows first- or second-degree robbery and burglary charges to be brought up to three years after the alleged crime. The time limit for first-degree burglary of a dwelling committed by multiple people is six years.
- Does returning stolen property prevent robbery or burglary charges?
No. California jury instruction #1862 says that returning property is not a defense to theft charges.
- Can someone be charged with both robbery and burglary?
Absolutely. For example, if a person breaks into an occupied home, pulls out a gun, and tells the people inside, “Open the safe or else!” there could be enough to prove both robbery and burglary.
- Can you be released on bail after a robbery or burglary arrest in California?
Maybe. Decisions on pretrial release (bail) depend on many factors. Your Marin County defense attorney can tell you more about bail in your case.
How Can a Marin County Criminal Defense Attorney Help with Robbery or Burglary Charges?
Robbery and burglary charges can change your life overnight.
But you don’t have to handle things alone. An experienced Marin County defense attorney can help you by:
- Investigating the facts of your case
- Challenging the prosecution’s evidence
- Alerting the court to possible constitutional issues
- Negotiating a plea deal
If you’re facing criminal charges and want an aggressive defense, contact Brownstein Law Group. We leave no stone unturned for our clients. To learn more about how Brownstein Law Group can help you or your loved one, call 415-795-9059 or use our online contact form to schedule a consultation.