--- title: "Theft, Burglary, and Robbery in California: How the Punishments Actually Differ" description: "Theft, burglary, and robbery are built on different elements and sentenced on different scales in California. Here's the real sentencing triads, the wobbler and strike distinctions, and how a firearm enhancement can add decades to a robbery sentence." url: "https://www.thehfirm.com/blog/what-are-the-punishments-for-theft-burglary-and-robbery" site: "H Law Group" published: "2026-07-15T09:00:00.000Z" --- # Theft, Burglary, and Robbery in California: How the Punishments Actually Differ Theft, burglary, and robbery are built on different elements and sentenced on different scales in California. Here's the real sentencing triads, the wobbler and strike distinctions, and how a firearm enhancement can add decades to a robbery sentence. Category: Criminal Defense Author: Nima Haddadi -- One of top-rated California DUI and criminal defense lawyer Theft, burglary, and robbery get lumped together in casual conversation, but they're built on different elements and sentenced on different scales. Theft is about what was taken and its value. Burglary is about unlawfully entering a structure with intent to commit a crime inside, whether or not anything was actually stolen. Robbery is about taking property directly from a person by force or fear, which is why it's charged as a violent felony even when the property involved is worth very little. This guide breaks down the actual sentencing ranges for each, the wobbler and strike distinctions that change everything about how a case gets charged, and the firearm enhancement that can add decades on top of a base sentence. ## Theft: petty vs. grand, and why it's a wobbler Under Penal Code 484, theft covers taking someone else's property with the intent to permanently deprive them of it. Where it lands depends on value: theft of property worth $950 or less is petty theft under [Penal Code 488](/penal-codes/pc-484-488-petty-theft), a misdemeanor punishable by up to six months in county jail and a fine of up to $1,000. Theft above that line is grand theft under [Penal Code 487](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=487), the $950 threshold set by 2014's Proposition 47. Grand theft is a wobbler, meaning the prosecutor can file it as either a misdemeanor or a felony depending on the specifics of the case and the defendant's record. As a felony, the sentence follows the standard realignment triad: 16 months, 2 years, or 3 years in county jail, plus restitution to the victim and a fine of up to $10,000. There are exceptions to the dollar threshold: stealing a firearm is grand theft regardless of its value, and taking property directly from someone's person is grand theft even for a small amount. ## Burglary: first vs. second degree Burglary under [Penal Code 459](/penal-codes/pc-459-459-5-burglary-shoplifting) is complete the moment someone enters a structure with the intent to commit theft or any felony inside, regardless of whether they succeed. The degree depends on what kind of structure it was. First-degree burglary covers entry into an inhabited dwelling and is a straight felony, punishable by 2, 4, or 6 years in state prison plus a fine of up to $10,000. It counts as a strike under California's Three Strikes law, and probation generally isn't available unless the court finds it's specifically in the interest of justice. Second-degree burglary covers everything else, commercial and other non-residential structures, and it's a wobbler. As a misdemeanor, it carries up to a year in county jail and a fine of up to $1,000. As a felony, it follows the same 16-month, 2-year, or 3-year triad as grand theft, plus a fine of up to $10,000. ## Robbery: first vs. second degree, and the acting-in-concert trap Robbery under [Penal Code 211](/penal-codes/pc-211-robbery-elements-penalties-defenses) is taking property directly from a person's possession by force or fear, and it's always a felony, unlike theft and burglary, which can sometimes be charged as misdemeanors. Penal Code 212.5 splits robbery into two degrees. First-degree robbery covers robbery inside an inhabited dwelling, robbery of someone at or near an ATM, and robbery of a transit driver or passenger. Most first-degree robbery carries 3, 4, or 6 years in state prison. But there's a sharper version of the first-degree charge: if the robbery happens inside an inhabited dwelling and two or more people act together in committing it, the sentence jumps to 3, 6, or 9 years. That higher range doesn't apply to first-degree robbery generally, only to that specific combination of facts. Second-degree robbery covers everything that doesn't fall into the first-degree categories and carries 2, 3, or 5 years in state prison. Both degrees can also carry a fine of up to $10,000. ## The firearm enhancement that changes everything If a firearm is involved, [Penal Code 12022.53](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=12022.53), sometimes called the "10-20-life" law, adds a separate, consecutive prison term on top of the base robbery sentence, it doesn't replace it. Personally using a firearm during the robbery adds 10 years. Personally and intentionally discharging it adds 20 years. Causing great bodily injury or death by discharging it adds 25 years to life. These numbers get added to whatever base term the judge imposes under Penal Code 213, which is why a second-degree robbery with a discharged firearm can carry a far longer sentence than the 2-to-5-year base range suggests on its own. Since Senate Bill 620 took effect in 2018, judges have discretion to strike or dismiss a Penal Code 12022.53 enhancement if doing so serves the interest of justice, so the enhancement isn't automatically locked in just because a firearm was involved. ## Theft vs. burglary vs. robbery: quick comparison - What has to happen: theft requires taking property; burglary requires unlawful entry with criminal intent, whether or not anything is taken; robbery requires taking property from a person by force or fear. - Misdemeanor option: petty theft and second-degree burglary can be misdemeanors; grand theft is a wobbler; first-degree burglary and robbery of any degree cannot be charged as misdemeanors. - Base felony sentencing range: grand theft and felony second-degree burglary run 16 months to 3 years; first-degree burglary runs 2 to 6 years; robbery runs 2 to 9 years depending on degree and circumstances. - Strike status: first-degree burglary and robbery are strikes under California's Three Strikes law; grand theft generally is not, unless it involves a firearm or falls under a separate strike-qualifying statute. - Firearm enhancement exposure: robbery carries the steepest added exposure, since Penal Code 12022.53 can add 10 years to 25 years to life on top of the base term when a firearm is used. ## Frequently asked questions ### Is grand theft always a felony in California? No. Grand theft is a wobbler, so a prosecutor can file it as either a misdemeanor or a felony depending on the value involved, the specific facts, and the defendant's criminal history. ### Can burglary be charged even if nothing was stolen? Yes. Burglary is complete once someone unlawfully enters a structure with the intent to commit theft or any felony inside. Whether they actually took anything affects sentencing arguments and other charges, but it isn't an element of the burglary charge itself. ### Is robbery always a felony in California? Yes. Unlike theft and most burglary, robbery cannot be charged as a misdemeanor at either degree. ### Does using a fake or unloaded gun still trigger the firearm enhancement in a robbery? The gun-use enhancement under Penal Code 12022.53 generally doesn't require the firearm to be loaded or operable, only that it was personally used in the commission of the offense. The specific facts of how the firearm was used and displayed matter a great deal here, so this is worth discussing with an attorney rather than assuming either way. ### What's the difference between first-degree and second-degree robbery? First-degree robbery covers robbery in an inhabited dwelling, at or near an ATM, or of a transit driver or passenger, generally punishable by 3, 4, or 6 years, or 3, 6, or 9 years if it happens in an inhabited dwelling with two or more people acting together. Second-degree robbery covers everything else and carries 2, 3, or 5 years. ## About Nima Haddadi Nima Haddadi is a leading California DUI and criminal defense attorney with deep expertise in handling complex cases. Known for strategic defense and courtroom strength, he is a trusted choice for clients facing DUI, felony, and misdemeanor charges. --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Branch: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. 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