In casual conversation, the terms "burglary" and "robbery" are often used interchangeably. However, it's crucial to understand that both are serious crimes under California law, each with its distinct definition, elements, and penalties.

If you've been charged with either crime, understanding the difference can help you better comprehend the legal situation and prepare for what lies ahead.

The main difference between robbery and burglary is that burglary means entering a structure to commit theft.

The primary difference between robbery and burglary is that burglary involves entering a structure with the intent to commit theft or some other crime.

At one time, burglary required you to break into the building. Forcible entry is no longer required under, merely entering is enough to commit burglary. The unlawful entry into the building can be slight and only momentary.

Robbery does not generally involve entering a structure. Instead, robbery is the crime of stealing someone else's property by means of force or fear. Both are generally treated as felony offenses.

Simply put, robbery is the crime of stealing another person's property through force or fear. To convict, it must be proven that the property being stolen was in the victim's direct possession at the time of the offense and you used force or fear to acquire it.

Because of these additional elements, it is more severe than theft. Because it involves the use of force, it is also generally regarded as a violent crime.

First-degree robbery involves being armed with, or displaying, a deadly weapon, causing a bodily injury during the commission of a crime, or robbery of a financial institution. Any robbery without these elements is a second-degree robbery.

What are the Legal Definitions of Burglary?

Under California Penal Code Section 459 PC, burglary is defined as entering a structure, such as a home, business, or vehicle, with the intent to commit theft or any felony. The critical component here is intent.

The prosecution must prove that the individual entered the space planning to commit a crime, even if the intended crime was not ultimately carried out. Burglary is categorized into two degrees in California:

• First-degree burglary involves entering an inhabited dwelling, such as a home or apartment. This is considered a more severe offense because it typically involves someone's living space.
• Second-degree burglary covers all other burglaries, such as those involving commercial properties or uninhabited buildings.

Interestingly, while we often associate burglary with theft, no actual theft needs to take place for you to be charged with burglary, only the intent to commit a crime.

PC 459 says, "Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary.

As used in this chapter, "inhabited" means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is currently being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises."

What are the Legal Definitions of Robbery?

California Penal Code Section 211 PC defines robbery as the unlawful taking of personal property in the possession of another person, from their immediate presence, against their will, and accomplished through the use of force or fear.

Unlike burglary, robbery specifically involves direct interaction with a victim. Robbery is also classified into two degrees:

• First-degree robbery occurs in specific circumstances, such as robbing an inhabited dwelling, a driver or passenger of a vehicle, or someone using an ATM.
• Second-degree robbery refers to all other types of robberies that don't fit the criteria for first-degree robbery.

PC 211 says, "Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear."

PC 212 says, "The fear mentioned in Section 211 may be either:

1. The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family; or,

2. The fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery."

What are the Key Differences Between Burglary and Robbery?

The primary differences between burglary and robbery lie in the circumstances under which they occur and the elements required to prove the crime. Here are the key distinctions:

• Presence of a Victim: Burglary does not require a victim to be present or directly involved. You could be charged with burglary even if no one was at the location you entered if you had the intent to commit a crime. Robbery, on the other hand, always involves a victim being present.
• Use of Force or Fear: Burglary generally does not involve any interaction with a victim, so there is no element of force or fear. Breaking into a store after it closes, for instance, might be classified as burglary. By contrast, robbery explicitly involves using force or fear to take property from someone.
• Location of the Crime: Burglary focuses on entering a specific location with criminal intent, such as a home, business, or vehicle. Robbery occurs wherever the victim is located. The location isn't as important as the act of taking the property.
• Intent vs. Execution: With burglary, the criminal act is entering the structure with intent to commit a theft or felony. Even if nothing is stolen or the intended crime fails, you could still be charged with burglary. For robbery, the crime is completed when the property is forcibly taken from someone.

What are the Penalties for Burglary and Robbery in California?

The penalties for burglary vary based on the degree of the offense:

• First-degree burglary (a felony) can result in 2 to 6 years in state prison. A fine of up to $10,000 and felony probation. It is also considered a "strike" under California's three-strikes law.
• Second-degree burglary can be charged as either a misdemeanor or a felony. If charged as a felony, you could face up to 3 years in state prison. If charged as a misdemeanor, penalties may include up to 1 year in county jail.

Like burglary, robbery penalties depend on the degree of the crime:

• First-degree robbery carries 3 to 9 years in state prison.
• Second-degree robbery carries 2 to 5 years in state prison.

Since robbery is considered a violent offense, it's always charged as a felony regardless of the degree and may also count as a strike under the three-strikes law.

The legal consequences of the different crimes show that robbery is generally a more serious crime. The key difference is that robbery includes violence or the threat of violence.

What are the Differences from Theft?

Both burglary and robbery are related to the crime of theft, which is described as the act of taking someone's property without the owner's consent and with the intention of depriving them of it. Notably, there is an absence of violence or the threat of force.

Burglary is generally defined as unlawfully entering a building with the intention of committing a theft crime. Thus, the legal definition of robbery is essentially theft with violence.

Because they are closely related, a criminal defense lawyer might be able to negotiate with the district attorney to reduce a robbery or burglary charge down to one for petty theft, grand theft, or shoplifting. Thus, this can substantially reduce the penalties of a conviction.

What are the Potential Defenses?

Both robbery and burglary are serious offenses in California. If you've been accused of either crime, a skilled California criminal defense attorney can employ a variety of strategic defenses depending on the circumstances of your case.

Common Defenses for Burglary Include:

• Lack of intent. If the prosecution cannot prove you intended to commit a theft or felony upon entering, the charges may not hold.
• Consent. If you had permission to enter the property, it may negate the burglary charge.

Common Defenses for Robbery Include:

• Lack of force or fear. If there was no use of force or fear in the alleged crime, it does not meet the definition of robbery (although lesser charges may still apply).
• Ownership of the property. If you reasonably believed the property you took was yours, this could be a defense to robbery charges.

For more information, contact our criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, CA.

Related Content:

• California Penal Code 459 PC
• California Penal Code 461 PC
• California Penal Code 211 PC
• People v. Kwok, 63 Cal.App.4th 1236 
• Residential v. Commercial Burglary