California Crimes - Robbery / Burglary

Robbery is "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." California Penal Code Section 211. "The fear mentioned in Section 211 may be either:

   1. The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family; or,
   2. The fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery. Penal Code Section 212."

The punishment for robbery depends on whether the conviction (plea) is to first or second degree robbery. California Penal Code Section 212.5 states" (a) Every robbery of any person who is performing his or her duties as an operator of any bus, taxicab, cable car, streetcar, trackless trolley, or other vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in the air, and used for the transportation of persons for hire, every robbery of any passenger which is perpetrated on any of these vehicles, and every robbery which is perpetrated in an inhabited dwelling house, a vessel as defined in Section 21 of the Harbors and Navigation Code which is inhabited and designed for habitation, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, a trailer coach as defined in the Vehicle Code which is inhabited, or the inhabited portion of any other building is robbery of the first degree.

(b) Every robbery of any person while using an automated teller machine or immediately after the person has used an automated teller machine and is in the vicinity of the automated teller machine is robbery of the first degree.

(c) All kinds of robbery other than those listed in subdivisions (a) and (b) are of the second degree."

Robbery of the first degree which is done in concert with others and committed within an inhabited dwelling (i.e. home, trailer, boat)is punishable in state prison for three, six or nine, in all other cases the sentence can be three, four, or six years. Robbery of the second degree is punishable by imprisonment in the state prison for two, three, or five years.

Burglary is generally committed when entering a building with the specific intent to commit a felony or a theft (California Penal Code section 459). Prosecution simply needs to establish that the defendant had the intent to steal something or commit a felony when he entered the building, it Is not necessary for the prosecution to establish that the defendant actually committed the felony or stole an item.  Therefore, if the underlying felony charged is a “wobbler” and can be charged as felony or a misdemeanor, then the prosecution will have the option of charging the defendant with burglary even if there was only an entry and the underlying felony was never committed.

There are two types of burglary under California law. First degree burglary which is always a felony and a strike, and second degree burglary which can be charged as a misdemeanor or a felony and is not a strike.

First degree burglary is when a burglary is been committed in an inhabited dwelling such as a home. The penalties for 1st degree burglary can be as high as two years, four years or six years in state prison. If sent to state prison for a 1st degree burglary, the defendant will in all likelihood have to serve at least 85 percent of the time actually sentenced.  If probation is granted, then the presiding judge will have the option of sentencing the defendant to anywhere between 0 to 365 days in county jail.  County jail sentences will generally require 2/3 completion of the sentence.

Second degree burglary also referred to as commercial burglary is any burglary that does not take place in an inhabited dwelling place. You can be charged with commercial burglary when you have the specific intent to steal something from a store when you walk in the door. Criminal Defense Team has handled many cases in which the defendant is accused of shoplifting but charged with burglary as the DA claims she/he had had the intent to steal when she/he entered the premises. We fight these cases very aggressively and have been very successful in reducing these charges to at least a petty theft or at least to a misdemeanor (if the amount qualifies.) The penalties for felony commercial burglary can be probation (up to one year in the county jail) or 16 months, two years or three years in prison. Since commercial burglary is not a strike people will be allowed to serve just 50 percent of any prison sentence and earn credit for good behavior.

The key issue for burglary is intent. Prosecution must be able to prove that the defendant had the requisite intent at the time of entry into the building. If such intent cannot be shown then defense had a good chance of defeating the charges.

Attorneys of Criminal Defense Team have handles many first and second degree burglary cases in Orange County, Riverside County, San Bernardino County, Los Angeles County and San Diego county criminal courts.  Please call us at (888) 529-2188 for a free consultation with an experienced criminal defense attorney.

Criminal Defense Team has handled many first and second degree robbery and burglary cases in all major Southern California Courts and has received impressive results. Our attorneys have litigated robbery and burglary cases in Orange County criminal courts, San Bernardino Criminal Courts, Riverside Criminal Courts, San Diego Criminal courts, and Los Angeles Criminal Courts. Call us for a free consultation today. www.criminaldefenseteamusa.com