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What Is The Difference Between Robbery And Burglary?

Robbery Defined

The taking of personal property from the person of another by use of force or intimidation with the intent to permanently deprive

The prosecutor will have to prove six elements beyond a reasonable doubt in order to secure a conviction against you. These elements are:

  1. You took someone else’s property
  2. The victim has possession of the property at the time of the robbery
  3. It was taken against the victim’s will
  4. You used force or fear to keep the victim from resisting, and
  5. When you took the property, you intended to permanently deprive the owner of the value of the property

Additionally, California divides robbery into either first-degree or second-degree robbery.

First-degree robbery is a robbery that occurs during one of these scenarios:

  1. The robbery happens while or immediately after the victim visited an ATM,
  2. The robbery occurs in an inhabited house, boat, or trailer; or
  3. The victim is the driver or passenger is a cab, bus, or other transportation for hire

Second-degree robbery is anything not listed above.

Robbery Penalties

All forms of robbery charges are felonies.

First-degree robbery is punishable by up to six years in state prison and fines up to $10,000.

Second-degree robbery is punishable by up to five years in state prison and fines up to $10,000.

However, depending on the specific circumstances of your case, there may be “sentencing enhancements,” which are additional years in state prison added to your sentence. For example, if you commit a robbery with a firearm, your sentence can be enhanced to include anywhere from 10 to 25 additional years in prison. If someone dies in the course of a robbery, you could face 25 years to life in prison.

If a victim suffers a great bodily injury during the robbery, you could face an additional three to six years in prison.

If you act in concert to commit a robbery with another person, you could face an additional nine years in prison.

Burglary Defined

Burglary is defined as a criminal offense that involves unlawfully breaking and entering, entering, or remaining in another’s property with the intent of committing theft or a felony offense once inside.

In California, a defendant may face misdemeanor or felony charges for burglary, depending on the type of structure entered as well as the use of a weapon and other factors.

There are two forms of burglary: first-degree and second-degree. First-degree is taken more seriously as it involves burglarizing an inhabited residence. Second-degree burglary is the burglarizing of anything else- this could be a commercial burglary or shoplifting.

Burglary Penalties

Burglary is a “wobbler” offense, which means it can be charged as a misdemeanor or a felony depending on the circumstances in the case.

If you are convicted of a felony, you could face up to six years in state prison.

If you are convicted of a misdemeanor,  you could face up to one year in county jail and a fine of $1,000.

H Law Group Online

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