If force or fear is used, the crime will be charged as robbery instead of theft.
When it comes to criminal law, many people have picked up quite a few terms from tv shows, movies and other forms of pop culture. But the way that these phrases are commonly used are often not technically correct — which may not make a difference when it comes to talking about the latest Law & Order episode, but it does when it comes to discussing a criminal charge.
For example, if someone is charged with taking something that doesn’t belong to them, there are many possible terms that could describe it — from shoplifting to embezzlement to burglary to fraud. These words are not interchangeable, as they all describe very different methods of how something was stolen. After all, a person who shoplifts a bottle of nail polish committed a very different offense than a person who embezzled a million dollars from his employer — which is why the law has different terms and different offenses for these crimes.
Under California law, robbery and theft are two crimes that are similar — but separate in one very important respect. Theft is when you obtain possession of another person’s property or money with the intent of permanently depriving the owner of that property. Robbery is the felonious (i.e., as a felony) taking of another’s personal property, from their person or immediate possession, and done against their will through the use of force or fear. As a California criminal defense lawyer will tell you, the major difference between the crimes of robbery and theft is the use of force or fear. If you personally take something from another person through the use of force or fear, then you will likely be charged with robbery instead of theft.
For example, if you approach someone on the street and threaten him with a knife if he doesn’t hand over his wallet, that would be considered a robbery. If you approach that same person on the street and slip his wallet out of his backpack, that would be a theft because you did not use force or fear to take his wallet from him.
Robbery is considered a far more serious crime than theft, and the penalties reflect that reality. Theft is charged as either petty theft (if the property stolen is valued at under $950) or grand theft (if the property is valued at $950 or more). Petty theft can result in a sentence of up to 6 months in county jail and a fine of up to $1,000. Grand theft can be charged as either a felony or a misdemeanor crime, depending on the facts of the case, and can result in between 364 days to three years in jail and between $1,000 to $10,000 in fines. An experienced California criminal defense lawyer can help you understand how your case will be charged and whether you can have your charges reduced.
Robbery charges are also divided into two categories. First degree robbery is charged whenever the crime occurred in an inhabited dwelling (i.e., whenever the person was robbed at home or in a hotel room). All other types of robbery are considered second degree robbery. First degree robbery is a felony, and can lead to up to 6 years in state prison plus enhancements. A robbery conviction qualifies as a strike under California’s Three Strikes law.
If you have been charged with a robbery or theft charge, you will need an experienced California criminal defense lawyer to assist you. The Chambers Law Firm represent clients who have been charged with all types of theft and robbery crimes. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation. We will work hard to protect your freedom and to secure the best possible outcome for you.
