Burglary v. Robbery

These two theft crimes often get confused. A person who breaks into a home, business or locked car to steal is committing burglary. A person who steals from another person directly by force (like a purse snatch) or fear (threats or by using a weapon) is committing a robbery.

Section §211 of the California Penal Code defines robbery as “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 is also considered a violent crime because it involves the use or threat of force against a person.

Burglary is the crime of breaking and entering a building with intent to steal something or commit a felony inside – even if the person or persons doing the breaking and entering end up committing the felony or not. As a result, California Penal Code §459 provides that the prosecution need only prove that the offender intended to steal something or commit a felony.

It is important to realize that both robbery and burglary are considered felony charges. Felonies are the most serious criminal offenses and can result in stiff penalties. If you have been charged with robery or burglary, you should take it very seriously and obtain professional legal advice as soon as possible. If you are or could be facing felony charges you should contact our California defense attorneys now to discuss your case and begin your legal defense.

Possible Penalties

Certain types of robbery have been singled out for stiffer penalties on the basis of where they occur (e.g., inside a home, near an ATM, etc.) or the status of the victim (e.g., taxi cab drivers) pursuant to California Penal Code §212.5 which distinguishes between first and second degree robbery. Additionally, some state statutes specify degrees of burglary based on when and where the crime occurred, the presence of people, and the use (or non-use) of a deadly weapon.

Felony charges can be complicated cases, and the potential penalties depend on a variety of factors. A past criminal record, and the California 3-strikes law can have a negative effect and limit certain defense strategies. However, our experienced California defense attorneys can only advise you of legal options after having reviewed your specific case. So, please contact us immediately if you have been arrested for Robbery or Burglary in California - we can help to protect your rights and offer a strong defense on your behalf! Contact us online or call: 1-800-221-7798

Questions often heard by California Defense Attorneys

I only took a small item from the store. Why have I been charged with burglary and not shoplifting? The key distinction between being charged with burglary (entering a structure with the intent to steal) and shoplifting (petty theft) is when was the intent to steal formed in their mind. Essentially, if a person enters the store with the prior intent to steal something then they are committing burglary. If they enter for other reasons and decide in the store to simply take an item of small value then it is petty theft. Intent is the key element that must be established for a burglary charge. Intent is often established by being in possession of false receipts and already having empty bags to place stolen items, etc.

Why is robbery considered a violent crime and not just theft? A violent crime can involve an act whereby violence is the objective (as in murder) or it may be a means to an end (as in robbery). Robbery is considered a felonious violent crime because it involves the use, or threat, of force. The possession of a weapon during the commission of a violent crime will often enhance the penalties the defendant will later face. When a person is charged with a felonious violent crime, they face incarceration, fines, probation, restitution, community service, and other penalties.

What is the purpose of a Preliminary Hearing? How is this different from a trial? Because both burglary and robbery are felony charges, your case must be set for "preliminary hearing" within ten (10) court days of your arraignment. A preliminary hearing is like a "mini-trial" at which the detective will testify against you. Since, in California, the investigating police officer can testify at a preliminary to the "hearsay" statements of witnesses against you, it is not likely that you and your attorney will have opportunity to "confront and cross-examine" your actual accusers at the preliminary hearing. If the magistrate believes that there is "probable cause" (i.e., a "strong suspicion") that you committed the charged crimes he or she will "hold you to answer" for trial and set a date for your arraignment in superior court. Unless time is waived and for good cause, felony cases in California must be brought to trial within sixty (60) days.

If you have been arrested or charged with burglary or robbery in California we strongly urge you to contact our experienced criminal defense attorneys today! We can put our resources to work for you and help to negotiate or litigate the best outcome for your situation. Contact us online or call: 1-800-221-7798

Related Criminal Law Topics
- Theft Crimes 
- Weapons Charges
- Assault & Battery