Robbery vs Burglary – What is the Difference?
- in Laws
What is the difference between robbery and burglary? It may seem like a simple question with an easy answer, but there are some nuances that you should beware. If you are facing charges for either of these crimes, it is crucial to understand how they differ. Suppose you are facing charges for either robbery or burglary. In that case, it is essential to speak with an experienced criminal defense attorney who can help you understand your options and build a solid defense strategy.
This blog post will help you better understand what makes them different to make more informed decisions in the future.
Robbery vs. burglary
Robbery is the crime of taking something from someone else through force or intimidation. This can include stealing money, taking someone’s possessions, or even robbing a person of their life.
What is burglary definition?
Burglary is the unlawful entry into a building with the intent to commit a felony or theft. So, burglary encompasses a wide range of crimes, including robbery. However, not all burglaries involve violence or threats. Many burglars enter homes when no one is home to steal property.
Difference between robbery and burglary
The main distinction is that burglary always includes the intent to commit another crime (such as theft), while theft can be a standalone offense.
Some key distinctions between robbery and burglary can impact your case if you face charges for either offense. For example, if you are charged with burglary, you may be able to argue that you had no intention of committing a violent act – this could lead to a lesser sentence or even dismissal of the charge.
In contrast, robbery is a more serious offense because it involves the use or threat of violence. This means that you could face harsher penalties if convicted, even if you did not hurt anyone. It is also worth noting that burglary can be charged as a felony or misdemeanor, while robbery is always a felony.
Theft vs robbery
Theft, robbery, and burglary are all crimes involving taking something from someone else. However, you should be aware of some key distinctions between these offenses.
Theft is the unlawful taking of property without consent. This can include stealing money, possessions, or even identities. Theft is a misdemeanor offense unless the value of the stolen goods exceeds a certain amount – in which case it becomes a felony.
Robbery is the crime of taking something from someone else through force or intimidation. This can include stealing money, taking someone’s possessions, or even robbing a person of their life.
So what is the difference between theft and robbery? The main difference is that robbery involves the use or threat of violence, while theft does not. This means that you could face harsher penalties if convicted of robbery, even if you did not hurt anyone.
Robbery vs burglary in California
In California, robbery and burglary are both considered serious felonies.
The main distinction between robbery and burglary is that you can be charged with the former without committing theft or taking anything from another person. This means that, in some cases, you could face robbery charges even if no one saw you take money or property from them – all they have to prove is that you intended to steal something when you acted. However, to be convicted of burglary, it must be proven beyond reasonable doubt that the defendant entered into the building unlawfully with intent to commit a crime therein (PC § 460). You cannot be guilty of this offense unless it has been established firstly “that there was an actual breaking and entering” (People v Cathey 1979), secondly that you had the intent to commit a felony or theft upon entry, and thirdly that the property being sought was in fact inside of the building.
This means that burglary is less serious than robbery, as it typically requires more evidence to be convicted. Additionally, burglary can be charged as either a misdemeanor or felony – while robbery is always a felony. So if you are facing charges for robbery in California, it is crucial to seek legal counsel right away. An experienced criminal defense lawyer will be able to review your case and help build a strong defense strategy on your behalf.
What is the difference between a misdemeanor and a felony? A felony offense carries harsher penalties if convicted, including potential time in prison or jail as well as fines. In some cases, individuals charged with misdemeanors may have their charges reduced to infractions – this still comes with consequences such as community service hours or mandatory classes but does not result in permanent criminal records.