The terms burglary and robbery are often used as synonyms by people who are unaware of the difference. These two
theft crimes are different and result in different penalties in California. First, the actions involved in the offenses are not the same. Burglary crimes involve entering into a habitation or building unlawfully while having the intent of committing a felony or theft. This could occur when a person is inside, or while the building is empty. This also only involves the intent of committing a felony or theft, but the occurrence of the crime does not need to be present for the person to be found guilty of burglary. The penalties for this offense can vary depending on if there was a person in the building or other aggravating factors. Generally, if a person is in the building, it is considered first degree burglary which is charged as a felony in California. All other burglary offenses are considered second degree burglary and could be charged as a misdemeanor or felony depending on other factors.
Robbery is a different theft crime that involves taking another person's property by using fear or force. This type of offense involves the victim being present and having some sort of interaction. Burglary can be committed without the victim being aware that it is happening. Robbery, on the other hand, involves using force or a threat to take the property so the victim must be aware. This means that simply snatching someone's property without them knowing is not considered robbery. Robbery is categorized as first or second degree robbery and both are charged as felonies in California. Both of these theft crimes are different than just 'theft'. If you are facing any type of theft, burglary or robbery charge
contact the Law Office of Ivan O.B. Morse for help.