When you hear the terms burglary, robbery, and theft, you might consider them synonyms. However, under California Penal Code, burglary, robbery, and theft are considered individual and separate crimes; each with its own provisions and penalties.

Burglary

According to California Penal Code 459, the definition of burglary is entering someone else’s home or property, like a business, to commit a theft or other felonious crime while inside. You can face a burglary charge even if you do not execute the intended crime. You also do not have to break in nor does another person have to be on the premises for it to be considered a burglary. 

For example, if someone entered a home through an unlocked door or window with intent to assault the homeowner but either left before the assault or the homeowner was not present, that person could still be charged with burglary.

A person can be found guilty of burglary in the first or second degree. First-degree burglary, sometimes called residential burglary, occurs when the location of the break-in is a residence or a home. Second-degree burglary, or commercial burglary, occurs when the break-in happens at any building that is not considered a residence.

In California, first-degree burglary is a felony. In addition to a felony charge, the penalties for first-degree burglary may include:

  • Felony probation
  • 2, 4 or 6 years in a California state prison
  • Up to $10,000 in fines

Under California Penal Code 459, second-degree burglary is considered a wobbler crime, which means the prosecution decides whether or not it will be a misdemeanor or felony charge. If charged as a felony, the penalties for second-degree burglary include: 

  • Felony probation
  • 16 months, 2 years or 3 years in a county jail
  • Up to $10,000 in fines

The penalties for a second-degree burglary misdemeanor charge include:

  • Misdemeanor (or summary) probation
  • Up to 1 year in county jail
  • Up to $1000 in fines

Robbery

According to California Penal Code 211, robbery is defined as the act of taking personal property from another while in their immediate presence by use of force or fear. “Force” does not require the weapon to be used nor does it require physical violence to have occurred. Tactics like intimidation and coercion are also considered to be force when used during a robbery.

For example, if someone grabbed a bystander’s wallet and upon getting caught, showed the victim a gun, it would be considered robbery.

A person can be found guilty of robbery in the first or second degree. First-degree robbery includes robbery of the driver or passenger of a taxi, cable car, streetcar or other transportation for hire; any act that takes place inside an inhabited structure like a house, boat, trailer, etc; or any act that takes place while or shortly after a person uses an ATM.

First-degree robbery is always considered a felony under California law. In addition to a felony charge, the penalties for a first-degree robbery may include:

  • Felony probation
  • 3, 4 or 6 years in a California state prison
  • Up to $10,000 in fines

Any other robbery that does not meet the requirements for the first-degree is considered second-degree robbery. In California, second-degree robbery is also a felony. In addition to the felony charge, the penalties may include:

  • Felony probation
  • 2, 3 or 5 years in a California state prison
  • Up to $10,000 in fines

Theft

According to California Penal Code 484, theft meets the same criteria as robbery EXCEPT it does not have to include person-to-person interaction. Theft occurs when the property of another person is taken regardless of whether or not any person is present at the time.

There are two types of theft: petty theft and grand theft. Under California Penal Code 484(a), petty theft is the wrongful taking of any property valued under $950. California Penal Code 487 defines grand theft as wrongfully taking any property valued over $950. There are, however, certain exceptions. For example, if a car or firearm valued below $950 is stolen, it is still considered grand theft.

If the property stolen is valued under $50, the crime may be charged as a misdemeanor or infraction with a fine of up to $250. All other petty theft charges are misdemeanors and the penalties may include:

  • Probation
  • Restitution
  • Up to 6 months in county jail
  • Up to $1000 in fines

In California, grand theft is usually considered a wobbler offense meaning the prosecutor will use their discretion to charge the crime as either a misdemeanor or a felony. For a misdemeanor grand theft charge, the maximum sentence is one year in country jail and up to $1000 in fines. The penalties for a felony grand theft charge include:

  • 16 months, 2 years or 3 years in California state prison
  • Up to $10,000 in fines

Finding the right criminal defense attorney

No matter the charge, the penalties of burglary, robbery, or theft can be severe and will remain on your criminal record for life. You want to speak with a knowledgeable attorney who has experience in all three charges right away.

If you are looking for a skilled Orange County criminal defense lawyer, schedule a consultation with Grant Bettencourt today.