It’s a common misconception that robbery and burglary are the same offense, which can lead to a considerable amount of confusion. However, it’s critical to understand that these two charges are very different, though they both carry intense penalties. As such, if you are facing one of these offenses, it’s in your best interest to keep reading to learn how these crimes differ as well as the importance of working with a Pleasant Hill criminal lawyer to fight for you.
Are Burglary and Robbery the Same?
Unfortunately, many use the terms robbery and burglary interchangeably, even though these are two very different crimes. In California, burglary involves entering a structure with the intent to commit theft or any other felony criminal offense, whereas this is not the case with robbery.
For a crime to be considered burglary, two elements must be present. The first is entering a building, even if you did not do so with force. The second element that must be present is the intent to commit a crime. In most instances, this crime is theft. However, you’ll find that if the prosecution can prove that you had the intent to commit a crime at the time you entered the structure unlawfully, this can be enough to secure a conviction. In addition, you should know that these structures can include residences, businesses, abandoned buildings, and even cars.
Robbery, on the other hand, occurs when you commit theft of property through force and fear. This means that the property was in your possession at the time of the offense, and you used violent methods to obtain the property. For example, threatening to shoot someone or harm them unless they give you their property would be considered robbery.
What Are the Penalties I Can Face for These Crimes?
Both burglary and robbery are serious criminal offenses in California, as robbery is always a felony offense, and in the vast majority of instances, burglary is a felony. Additionally, these crimes can be charged as first- or second-degree charges.
When charged as a first-degree offense, robbery can carry three to nine years in prison, a fine of up to $10,000, and felony probation. As a second-degree offense, you can face the same fines and probation, but a slightly reduced sentence of two to five years.
First-degree burglary, on the other hand, is a felony offense that also carries a fine of up to $10,000 and probation. However, the general jail sentence is two to six years. Second-degree burglary can be charged as either a felony or a misdemeanor, depending on the circumstances of the crime. As a felony, it carries sixteen months to three years in prison, and the same fines and probation. When charged as a misdemeanor, you can face up to one year in jail and up to $1,000 in fines.
As you can see, despite the fact that these charges are different, they both carry intense penalties. As such, it’s in your best interest to connect with our team at O’Connor Law APC to explore your legal options. Our firm understands how difficult these matters can be to navigate, which is why we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn more.
