What is the difference between robbery and burglary

Understanding the difference between robbery and burglary offenses is essential for anyone studying criminal law or involved in a criminal case. Both terms are often used interchangeably in everyday conversation, but legal definitions point to distinct types of crimes with different elements and penalties.

Robbery typically involves taking property from another person through force or fear, while burglary involves entering a building unlawfully with the intent to commit theft or any felony.

Robbery and burglary are two categories of crimes that involve theft, but they have different legal definitions and implications. Each crime carries its own challenges and defenses, and awareness of these can substantially affect the outcome of a legal proceeding.

At Perlman & Cohen Los Angeles Criminal Lawyers, we specialize in defending clients against robbery and burglary charges. Our expert criminal defense lawyers are here to help clarify these terms and offer robust defense strategies tailored to each case.

Understanding Robbery Under California Law

Robbery is considered a violent crime in California and involves the direct interaction between the perpetrator and the victim. Robbery involves taking property from another person or their immediate presence, against the person's will, through the use or threat of force or intimidation. This direct and forceful element makes robbery a particularly serious crime under California law.

Robbery requires the intent to take something and the use of force or fear to accomplish the act. This makes it a complex area of criminal law, where the specifics of how the crime was committed matter greatly.

At Perlman & Cohen, our attorneys are well-versed in the nuances of robbery charges and equipped to defend our clients vigorously.

Legal Definition of Robbery

The legal definition of robbery in California is outlined in the California Penal Code Section 211. This law states that robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished using force or fear.

Elements Required to Prove Robbery (Taking Property by Force or Fear)

To convict someone of robbery, the prosecution must prove several elements beyond a reasonable doubt.

These elements include the intent to take someone else's property, the actual taking of that property, and the use of force or fear to take the property. Each of these elements presents a potential point of challenge in a robbery defense strategy.

Penalties for Robbery in California

The penalties for robbery can be severe. Depending on factors such as whether a weapon was used (armed robbery) or whether the robbery resulted in bodily injury to, the consequences can include lengthy prison sentences. Those convicted of robbery could face up to nine years in prison. Robbery is a felony under California law.

A few common examples of robbery include:

• Breaking into someone's home and threatening to use force to steal something.
• Using drugs to incapacitate someone and steal their possessions.
• Being caught stealing something and using the threat of force to escape.

Understanding Burglary Under California Law

Burglary, unlike robbery, does not necessarily involve theft, though it often does. It is primarily defined as the unlawful entry into a building or structure intending to commit theft or any felony inside. This distinction focuses on the intent to commit a crime and the act of entry rather than the act of taking property.

Burglary charges in California are a more serious crime and can lead to hefty legal consequences. Familiarity with the specifics of burglary law is essential for mounting an effective defense. Our lawyers at Perlman & Cohen have extensive experience handling burglary cases and are ready to defend clients facing these charges.

Legal Definition of Burglary

Burglary is defined under California Penal Code Section 459. This statute states that anyone who enters a room, structure, or locked vehicle with the intent to commit grand or petty theft or any felony is guilty of burglary.

First-Degree vs. Second-Degree Burglary

California law distinguishes between first-degree burglary (residential) and second-degree burglary (commercial).

First-degree burglary is nearly always treated as a felony and is more severely punished because it involves entering someone's home.

Second-degree burglary could be charged as a misdemeanor or a felony, depending on the circumstances and the defendant's criminal history.

Penalties for Burglary in California

The penalties for burglary vary depending on whether it's charged as first-degree or second-degree. First-degree burglary can result in imprisonment in state prison for two, four, or six years.

On the other hand, second-degree burglary could result in a year in jail if charged as a misdemeanor. If intended crime is charged as a felony, a conviction could result in up to three years in prison.

Key Differences Between Robbery and Burglary

• Interaction with victims. Robbery involves direct interaction with the victim, while burglary does not necessarily involve encountering anyone. How the theft occurs plays a key role.
• Use of force. Robbery requires the use or threat of force, whereas burglary is primarily about unlawful entry. The use of force is key in labeling property crime appropriately.
• Location of the crime. Robbery can occur anywhere the victim is present; burglary specifically means entering a building or structure. Those who commit burglary generally enter a building or structure.
• Intent. Robbery involves the intent to take property through force or fear; burglary involves the intent to commit any theft or felony inside a structure. The intent behind the criminal act influences how it is charged.
• Legal penalties. The penalty for robbery is generally more severe because it is considered a violent crime. Those convicted of first-degree robbery could face major charges.

Legal Defenses for Robbery and Burglary Charges

• Lack of intent. Proving that the defendant did not intend to commit grand theft or a felony can be a defense for burglary.
• Mistaken identity. Demonstrating that the defendant was not the person who committed the theft crime. We can try to prove that you were not the person who acted criminally.
• No force or fear was used. Showing that no force or fear was used for robbery charges can be a critical defense. We can use this key point to advocate for your defense.
• Consent. If the property was taken with the owner's consent, this could negate a robbery charge. Consent could play a key role in your defense.
• Alibi. Providing a credible alibi can prove that the defendant was not present at the crime scene. This is true for both robbery and burglary offenses that involved forcible entry.

Why You Need an Experienced Criminal Defense Lawyer as Soon as Possible

• Case preparation. Early involvement of a lawyer helps in thorough case preparation and evidence collection. If you are facing a robbery or residential burglary charge, you need our help immediately.
• Legal expertise. Expert knowledge of criminal law is vital for developing competent defense strategies. We will leverage every ounce of our legal knowledge to defend your rights.
• Negotiation skills. Our talented attorneys can negotiate with prosecutors to reduce charges or penalties. We could pave the way for a favorable outcome in your case.
• Trial experience. Skilled in courtroom strategies, a seasoned lawyer can make a substantial difference in trial outcomes.
• Support and guidance. Working through the criminal justice system is often overwhelming; a lawyer provides the necessary support and guidance.

Contact Our Los Angeles Robbery Lawyer for a Free Case Consultation

If you or someone you know is facing robbery or burglary charges, getting legal help immediately is crucial. Perlman & Cohen knows how to form the strongest possible defense. Our experienced Los Angeles burglary and robbery lawyers are here to craft the strongest possible defense.

Don't wait to get the help you need. Our attorneys are skilled in handling both robbery and burglary cases and can provide the expert defense and guidance you require.

Call us today for your free case review.