California Penal Code section 211 defines robbery as a seizing of property from another person by force or through distress. What is the difference of theft and burglary? With burglary, there must be person-to-person contact that includes force and/or terrorization.
All robberies are felonies and are reflected as “strikes”.
FIRST DEGREE ROBBERY
First degree robbery consists of robberies of:
- Passengers or drivers of a “commercial vehicle” (including but not limited to cars, boats, recreational vehicles, taxis, trains, subways, etc.)
- “Inhabitants” of homes (including but not limited to homes, apartments, trailers, place of residence)
- People using or completed the use of an ATM (automated teller machine)
Every circumstance carries its own details, but depending on the severity of the robbery, a defendant could face a sentence between 3 and 9 years in a state prison.
SECOND DEGREE ROBBERY
Generally not as “serious” as first degree robbery
Any other robbery not including the aforementioned conditions, have the potential of an incarceration conviction lasting 2, 3, or 5 years.
USE OF A WEAPON
When a weapon is used in a robbery, the prison sentences can be heightened. Just SHOWING a weapon during a robbery has the potential of adding ten years to a prison sentence. Actually using the weapon, can add up to 20 years to a sentence.
California Penal Code section 215 defines carjacking as the seizing of a vehicle from the driver or a passenger through force or terror. If found guilty of a carjacking, it is a felony with a consequence of incarceration by 3, 5, or 9 years in a state prison.
No matter how safe you feel, it is imperative to receive the guidance of an experienced criminal defense attorney.
Burglary is defined by California Penal Code section 459 as entering a dwelling or structure with the resolve to commit a theft or any other offense categorized as a felony. Many assume that the term burglary is connected to theft, but the legalese of a burglary is more comprehensive and includes many more encompassing details.
FIRST DEGREE BURGLARY
When a person enters an occupied home; a residential burglary.
Generally more serious
Prison terms can include 2, 4 or 6 years
SECOND DEGREE BURGLARY
All other burglaries; business, cars, boats, etc.
Can be charged as misdemeanors or felonies
- If convicted with a misdemeanor, jail time can be less than a year
- If convicted with a felony, jail time can be up to 3 years in state prison
CONTACT OUR OFFICE IF YOU HAVE BEEN CHARGED WITH A ROBBERY OR BURGLARY
We will fight for your rights. We can meet for a FREE initial consultation, (888) 702-8882