Robbery, burglary and larceny are all different crimes. Many people confuse these crimes and do not know the difference between them. These crimes may have some similarities but all have separate definitions under the law.
Robbery is a type of felony theft. Robbery is defined as the taking of property from another individual by using force, intimidation, or threat of force. There must also be an intent to permanently deprive the individual of the taken property. For example, borrowing your neighbors lawn mower for the afternoon will probably not be considered an intent to permanently deprive.
Different states may have slightly different requirements for robbery. In most states, to prove robbery there must be certain elements including:
- A taking of property;
- That is the personal property of another person;
- From the actual owner’s possession or in the owner’s presence;
- Against their wishes or will;
- By using either actual force, violence, threat or intimidation; and
- With the intention of taking that property away indefinitely..
In some ways, robbery is very similar to another crime called larceny. Robbery and larceny are both types of theft. Robbery and larceny are different crimes. Larceny is the taking of another person’s property. You must mean to take it away from the person permanently. The use of force, intimidation, or threat of force is not required for larceny. This is the main difference between robbery and larceny.
Burglary requires force but larceny does not. Also, larceny will generally result in a misdemeanor charge. If the object taken is worth more money, then larceny can be a felony. Usually, if the stolen item is worth more than one thousand dollars, it will be a felony. When larceny is a felony it is sometimes also called grand theft.
Burglary is also commonly confused with robbery. Burglary involves breaking and entering into a building to commit another crime. Homes and businesses are examples of buildings. In many cases, breaking and entering is followed by some kind of theft inside the building. Breaking and entering means that a person has entered a building in a way that is not legal. Burglary can be a misdemeanor or felony depending on how serious the crime was.
There are two big differences between robbery and burglary:
- Burglary must include a breaking and entering. A robbery can happen without this element.
- Robbery must include some type of use of force. Burglary does not need to include force.
How Does California Define Burglary?
In California, burglary is an act that includes entering a structure (for example, a home, business, car, or other type of property) with the intention of committing either theft or a felony. This definition is written in the California criminal laws. California criminal laws can be found in the California Penal Code. The definition of burglary in California is under California Penal Code section 459.
“Entering” means that a body part or object goes into a structure. This can include things like window screens.
In many states, how serious the burglary is will determine how it is charged. Different factors that will determine how serious the crime was include:
- The way the person entered the property (for example, smashing down a door versus sneaking in through an open window)
- Whether the person damaged any property;
- If any people were actual in the building during the burglary;
- Any violence or threats used to commit the crime;
- The use or presence of a weapon of any type; and
- Miscellaneous other factors that make the crime more serious in that specific circumstance.
In most cases, if there was a weapon use or any violence, the charge will be more serious and most often a felony.
In California, a burglary can become a violent crime and be charged as a violent felony in certain situations. Burglary is a violent felony when there is a victim present during the burglary. It is also likely a violent felony when there are threats made to witnesses or someone is severely hurt.
Does California Have Degrees of Burglary?
Generally, crimes are divided into two three major categories. A crime can result in a citation, misdemeanor or felony. A misdemeanor is more serious than getting a citation but is not as serious as a felony. A felony is a category of crimes that are the most serious. It often results in prison time of a year or longer.
Crimes are also further separated into different categories called “degrees.” A first degree crime is more serious than a second degree crime. There are different degrees of burglary.
In California, you can be charged with misdemeanor burglary or felony burglary. Under state law, this will often depend on the kind of building you entered. You can also be charged with either burglary in the first degree or burglary in the second degree.
What is First Degree Burglary?
First degree burglary is when an individual enters a building that has people living in it. This is sometimes called an “inhabited” building or a dwelling. An inhabited building or dwelling can be many things including:
- A house;
- Apartment;
- Hotel room;
- Boat;
- Trailer;
- Tent; and
- Any other type of place where people live.
The building does not have to actually be occupied at the time of the burglary. This means that the person does not actually have to be home during the burglary for it to be considered inhabited. A person only has to live in the building for it to be inhabited. Entering a separate room within a building (for example, another person’s bedroom), can also be first degree burglary.
In California, first degree burglary is always a felony burglary. If you enter any type of home, it is called residential burglary. Residential burglary is always a felony burglary.
What is Second Degree Burglary?
Second degree burglary is when a person enters an empty building to commit a crime after. That crime can be a felony or a petty crime. This category of burglary includes any other types of buildings not included in first degree burglary. Some examples of different kinds of buildings include locked cars, storage units and businesses. In California, when a person enters a business it is called commercial burglary. A person does not need to live in the building or structure.
Second degree burglary is a less serious charge than first degree burglary. It is important to remember that it can still lead to serious consequences.
In California, second degree burglary can either be a misdemeanor or a felony. Second degree burglary is sometimes called a “wobbler” under California law because it can be charged either way.
What is the Punishment for Both Categories of Burglary?
The penalty for burglary will depend on the specific circumstances of the crime. The punishment for burglary will change depending on if it is a felony or misdemeanor. It will also depend on whether it is burglary in the first degree or second degree.
First degree burglary has the highest punishment. This is because first degree burglary is always a felony in California. If you are found guilty of felony burglary, you could be sentenced to up to six years in prison.
Since second degree burglary can be either a misdemeanor or felony, the punishment will vary. Second degree burglary, charged as a misdemeanor can result in a punishment of up to one year in jail and/or probation or 16 months in jail. Second degree burglary, charged as a felony can be punished by either 2 years or 3 years in prison.
Can I Get More Time than The Prison and/ or Jail Time Listed Above?
The sentencing for burglary can be increased depending on the specific circumstances of the crime. A judge can sentence an individual to more time in certain cases. If there is “great bodily injury” to a victim during a burglary, 3 to 6 years can be added to the sentence. Great bodily injury means that a victim was seriously hurt during the burglary.
Other examples of when sentencing for burglary can be higher include:
- the victim was actually there during the burglary;
- The victim is considered a vulnerable person (for example, elderly, children, disabled, etc.);
- There was use of force or violence;
- The burglary involved trying to get into a safe or vault; or
- The defendant committed prior crimes.
In California, the Three Strikes law applies to burglary. If a person has already been convicted of two felonies, they can receive 25 years to life for any future felonies.
If you have been convicted of certain crimes, expungement or record sealing may be options. It is recommended that you discuss these options with a lawyer. Expungement, also called expunction, is when a person convicted of certain crimes has their record cleared. Expungement makes it so that the convictions are erased or deleted from your record. Another option is to have your record sealed. Record sealing makes it so that certain people, like employers, cannot see crimes on your criminal record.
Should I Talk to a Lawyer?
Being charged with burglary can have very serious consequences. If you have been charged with burglary, you should immediately contact a burglary lawyer. A California criminal lawyer can review the specific circumstances of your case and give you advice. A lawyer will be able to tell you about the penalties you could face and any possible defenses in your case.
