The difference between robbery and burglary is that burglary occurs when someone enters a structure to commit theft or a felony, and robbery involves using force or fear to take someone else’s property in California.
You can learn more about the differences between these charges with a Los Angeles criminal defense lawyer. An attorney can also help you build a defense after a robbery or burglary arrest.
What Are the Differences Between Burglary and Robbery?
Burglary and robbery have numerous differences in California’s legal system. These differences deal with:
Location Requirements
Burglary charges only apply if a crime occurs in specific locations. Individuals should only face a burglary allegation if they enter a:
- Building
- Structure
- Vehicle
On the other hand, the act of robbery can occur anywhere.
The Presence of a Victim
Acts of robbery always involve the presence of a victim. California Penal Code Section 211: Robbery states that individuals should only face these charges if they take property from someone through the use of force or fear.
Burglary, on the other hand (charged under California Penal Code Section 459: Burglary), can occur without the direct presence of an alleged victim. However, individuals may face harsher penalties if they enter a structure, vehicle, or building with someone else present to commit theft or a felony.
The Classification of the Crimes
California classifies burglary as a property crime and robbery as a violent crime. These charges can have different repercussions in the court system.
The Theft of Property
Individuals should only face charges for robbery if they take property from the alleged victim. Individuals can face burglary charges without stealing anything because the charge applies if an individual enters a property or car with the intent to commit a felony or theft.
So, what’s the difference between robbery and burglary? These crimes have many differences. However, despite the ways they differ, individuals can face both burglary and robbery charges at the same time.
For a free legal consultation, call (310) 896-2723
What’s the Difference Between Burglary and Robbery Penalties?
The penalties for burglary and robbery primarily differ in severity; generally, the court system treats robbery as the more serious crime. For example, someone convicted of second-degree robbery may face up to five years in prison. First-degree robbery convictions can result in up to nine years of prison time.
On the other hand, a second-degree burglary conviction may only lead to a year of jail time if the prosecution treats the charge as a misdemeanor. Felony second-degree burglary can result in up to three years of jail time, with first-degree burglary leading to up to six years in prison.
Most burglary and robbery charges can result in fines of up to $10,000, aside from misdemeanor burglary, which may only lead to $1,000 in fines. Additionally, all of these charges may result in time on probation.
Differences in Defenses for Robbery and Burglary Allegations
The defenses utilized by lawyers for clients accused of either burglary or robbery can vary significantly on a case-by-case basis. Criminal defense attorneys need to review the circumstances surrounding the charges to develop a personalized defense strategy.
In cases involving robbery, an attorney may take steps to show that the accused:
- Did not subject the alleged victim to force or fear
- Did not take the alleged victim’s property
- Did not engage in criminal activity in the presence of the alleged victim
On the other hand, in cases involving burglary, an attorney may argue that the accused never entered a vehicle or property and had no intention of committing theft or another crime.
How Lawyers Resolve Burglary and Robbery Charges
Despite the many differences between burglary and robbery allegations in California, attorneys may use similar methods to resolve these accusations. For example, in many cases, a lawyer may work to:
- Have these charges reduced by plea bargaining
- Get the court to dismiss a robbery or burglary charge
- Aggressively represent a client in the court system
Regardless of the charges an individual faces, legal professionals strongly recommend getting help from a criminal defense law firm immediately after an arrest. Securing help from professionals can bolster an individual’s chances of successfully responding to these serious allegations.
A lawyer can explain the specific charges an individual faces, protect a client’s legal rights, and immediately get to work on a personalized defense strategy.
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Talk to Us After an Arrest for Burglary or Robbery
What’s the difference between robbery and burglary in California? These charges have many differences, including the penalties for a conviction and the facts the prosecution needs to establish to prove fault.
You can rely on a criminal defense lawyer from our team at the Simmrin Law Group to provide more detailed information about these allegations. We have decades of legal experience and a reputation for successfully building defenses for clients like you.
We’re ready to put you first and stick with you until the resolution of your charges. You can discuss your next steps when you reach out to us 24/7.
Call or text (310) 896-2723 or complete a Free Case Evaluation form