Robbery and burglary are separate crimes under California law, even though people often use the words interchangeably. Robbery means taking property directly from a person, or from their immediate presence, using force or fear. Burglary means entering a building, room, or locked vehicle with the intent to commit theft or a felony once inside, regardless of whether anyone is present or anything is ultimately taken.
The distinction matters because the two charges carry different elements, different degrees, and different penalties, and robbery is treated far more seriously under California’s sentencing laws. If you are facing either charge in Fresno, understanding exactly what the prosecution must prove is the first step in building a defense.
What Counts as Robbery Under California Law
Under California Penal Code § 211, robbery is defined as the felonious taking of personal property in the possession of another, from their person or immediate presence, and against their will, accomplished by means of force or fear. To convict someone of robbery, prosecutors generally must prove that:
- The defendant took property that did not belong to them
- The property was in another person’s possession
- The property was taken from that person or their immediate presence
- The taking was against that person’s will
- The defendant used force or fear to accomplish the taking
- The defendant intended to permanently deprive the owner of the property
Under Penal Code § 212, fear can include the threat of injury to the victim, their family, their property, or anyone present during the crime. Because robbery requires direct contact with a person, it is classified as a violent felony under California law.
What Counts as Burglary Under California Law
Under California Penal Code § 459, burglary is defined as entering a building, room, locked vehicle, or certain other structures with the intent to commit grand or petty theft, or any felony, once inside. Unlike robbery, burglary does not require contact with another person or the use of force or fear.
The crime is legally complete the moment someone enters with the required intent, even if they are caught before taking anything or committing the intended felony. This means a person can be charged with burglary for entering a store after hours planning to steal merchandise, even if store employees never see them and nothing is ultimately stolen.
Key Differences Between Robbery and Burglary
Several key distinctions separate these two charges:
- Victim presence. Robbery requires taking property from a person or their immediate presence. Burglary does not require any person to be present at all.
- Force or fear. Robbery requires force or fear directed at a person. Burglary does not require force or fear against anyone.
- What triggers the crime. Robbery is complete when property is taken. Burglary is complete upon unlawful entry with the required intent, regardless of whether a theft occurs.
- Classification. Robbery is always a violent felony in California. Burglary can be a felony or, in some second-degree cases, a misdemeanor.
Because of these differences, the same set of facts can sometimes support a robbery charge, a burglary charge, or both, depending on exactly what happened and in what order.
Degrees and Penalties for Robbery
California divides robbery into two degrees under Penal Code § 213:
- First-degree robbery applies to robberies of transit operators or passengers, robberies committed in an inhabited home, or robberies involving an ATM. It carries a sentence of three, six, or nine years in state prison, with the higher range applying when the crime involved multiple perpetrators in an inhabited dwelling.
- Second-degree robbery covers all other robberies and carries a sentence of two, three, or five years in state prison.
Robbery is always a felony and always counts as a strike under California’s three-strikes law. A prior robbery conviction can double the sentence for a later felony, and a third strike conviction can result in a sentence of 25 years to life.
Degrees and Penalties for Burglary
Burglary is also divided into two degrees:
- First-degree burglary, under Penal Code § 460, applies to entering an inhabited residence and is always charged as a felony. It carries a sentence of two, four, or six years in state prison and counts as a strike offense.
- Second-degree burglary, covering commercial buildings and other structures, is what California calls a wobbler under Penal Code § 461, meaning prosecutors can charge it as either a felony or a misdemeanor. A felony conviction carries a sentence of 16 months, two years, or three years, while a misdemeanor conviction carries up to one year in county jail.
Unlike robbery, second-degree burglary is not automatically a strike, which can make the range of possible outcomes wider and the specific facts of the case even more important.
Can You Be Charged With Both?
Yes, it is possible to face both charges from the same incident. A common scenario involves someone who enters a home or business intending to steal, which satisfies the elements of burglary, and then encounters a resident or employee and uses force or fear to take property or escape, which can satisfy the separate elements of robbery.
Because each crime has its own distinct elements, prosecutors do not have to choose only one charge when the facts support both. This is one of the reasons these cases can become legally complex and why the specific sequence of events matters so much to the outcome.
Building a Strong Defense
Because robbery and burglary charges depend heavily on proving specific elements, such as whether force or fear was actually used, whether intent existed at the moment of entry, or whether the alleged victim was truly present, a strong defense often focuses on challenging those exact points. Mistaken identity, lack of intent, and disputes over what actually happened during the encounter are common defense strategies in these cases.
Given the severity of these charges, including the strike consequences tied to robbery and first-degree burglary, an early and thorough case review is critical to identifying weaknesses in the prosecution’s evidence.
Talk to a Fresno Criminal Defense Attorney
Robbery and burglary charges in California carry serious consequences, including potential strike offenses that affect sentencing for years to come. The Law Office of Brian C. Andritch defends clients throughout Fresno facing robbery, burglary, and other theft crime allegations.
If you or a loved one has been charged with robbery or burglary in Fresno, call the Law Office of Brian C. Andritch at (559) 594-3906 to discuss your case.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.