What Is the Difference Between Burglary and Robbery?
Posted on May 30, 2008
Filed Under Burglary, Felonies, Law, Robbery |
Burglary and robbery are often confused. While both involve theft, under the law they are quite different and carry different penalties.
Burglary is the act of entering a building with the intent to steal property or commit another felony. The actual theft or felony does not have to actually be committed; entry with intent to commit a theft or felony is enough to result in a burglary charge. Burglary is a felony punishable by incarceration and significant fines that results in a permanent criminal record. First degree burglary is a strike offense in California.
- First degree burglary, often referred to as residential burglary, involves entry into a home, attached garage, boat, floating home, trailer, railroad car, aircraft, warehouse or the inhabited portion of a building. First degree burglary is a serious felony and a strike offense in California.
- Second degree burglary covers burglaries of businesses, stores and vehicles. Generally classed as misdemeanors, second degree burglary can be charged as a felony.
Robbery is the taking of property from another person against his will by means of force or fear. Robbery is a serious and violent felony and a strike offense in California. If convicted of robbery, you will serve time in a state prison.
- Strong arm robbery occurs when simple physical force is used.
- Armed robbery occurs when the force used involves a gun or other deadly weapon.
The difference between burglary and robbery is that robbery involves the threat or use of force in a person-to-person confrontation. For example, stealing an unoccupied car from a sidewalk or garage is the commission of second degree burglary. However, forcing a person from his car to steal the vehicle — carjacking – is a form of robbery.
-LegalPro
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