Burglary vs. Robbery: What’s the Difference in California?

In casual conversation, people often discuss robbery and burglary interchangeably. However, California laws have distinct definitions for each term that reveal substantial differences between the two crimes. These disparities can determine whether a person faces years in prison on a felony sentence or a misdemeanor conviction.

What is Burglary?

To commit burglary in California, a person must enter a building, structure, or vehicle with the intent to commit a crime. Whether someone has committed burglary is determined by their purpose at the time they entered the building.

To convict someone for burglary, a prosecutor must prove that they entered the structure or vehicle to commit one of the following:

• Grand larceny
• Petit larceny
• Any felony offense.

Stealing or taking something are not the only crimes that can serve as the basis for burglary. Someone may commit burglary, for example, if they enter a building intending to commit assault. Additionally, burglary is not the same as breaking and entering, as forced entry is not required.

Any burglary of an inhabited dwelling is first-degree burglary and always a felony. All other burglaries are of the second degree and are “wobblers” in California. A wobbler is an offense that can carry either a felony or a misdemeanor charge.

What is Robbery?

Burglary focuses on the entry of a person into some vehicle or structure. In comparison, to commit robbery in California, a person must:

• Take personal property;
• From someone else;
• When it is either on the other person or in their immediate presence;
• Against the other person’s will; and
• Through the use of force or fear.

A prosecutor must prove each one of these factors to convict someone of robbery. Robbery requires not only the taking of someone else’s property, but also the use of force or fear to accomplish the theft. For taking involving the use of fear to be considered a robbery, the victim must be afraid of one of the following:

• Injury to themselves
• Injury to their family
• Injury to their property

• Injury to anyone else in their company.

There are two different degrees of felony robbery, but it is always a felony. Types of first-degree robberies include:

• Robberies committed against someone using an ATM
• Robberies committed in inhabited dwellings
• Robberies on vehicles for hire such as buses or trains

All other robberies are considered second-degree offenses.

What Are the Differences Between Burglary and Robbery?

The critical differences between burglary and robbery are:

• Burglary criminalizes the entry, while robbery criminalizes the taking.
• The victim must be present for a robbery to occur, whereas burglary does not depend on anyone else being there.
• You can be charged with burglary even if you don’t commit or attempt to commit a crime after entering the building, as long as you intended to commit a crime when entering.

If you or someone you loved has been charged with burglary or robbery, a skilled criminal lawyer in California can help determine what defenses and strategies are available. For example, shoplifting is defined separately from burglary in California, and someone cannot be charged with both burglary and shoplifting for the same offense. The government is required to prove multiple elements to convict you of burglary or robbery, and an attorney will position your case in the best light.

At the Chambers Law Firm, we have decades of experience defending people accused of a range of crimes, including robberies and burglaries. If you have been charged with a criminal offense in California, we can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with an accomplished criminal defense lawyer in San Bernardino, CA.