Robbery vs. Burglary: Legal Distinctions and Defense Approaches
If you’ve ever watched a crime show, you’ve probably heard the terms “burglary” and “robbery” used interchangeably. However, these activities are two very different crimes with different elements, penalties, and defense strategies.
The information below breaks down the differences and why you need an experienced Burbank criminal defense lawyer who deals in robbery and burglary cases if you’re charged with either crime.
Robbery: A Crime of Confrontation
Robbery is different from burglary because it involves taking property from another person using force or fear. Think of a mugging or bank hold-up—these are classic examples of robbery.
The Elements of Robbery
The elements of a robbery are:
- Taking someone else’s property
- Taking it from their immediate presence
- Taking it against their will
- Using forcefulness or intimidation
- Intending to deprive the victim of the property permanently
Unlike burglary, robbery is a felony in most states. It’s considered a violent crime because it involves a confrontation with a victim. Like burglary, robbery is divided into first and second degrees, with a first-degree charge being more serious.
First Degree Robbery Charge
First-degree robbery includes:
- Robbery of public transportation passengers or operators
- Robbery in an inhabited dwelling
- Robbery with a weapon at an ATM
- Robbery of taxi drivers
Second Degree Robbery
Some examples of second-degree robbery include:
- Snatching a purse
- A strong-arm robbery (unarmed)
- Taking the belongings of someone without causing a severe injury
- Stealing from a store using intimidation or force
- A bank robbery where no serious bodily harm has been inflicted or threatened
Essentially, second-degree robbery includes robbery crimes where a severe injury or weapon is not an element of the crime.
Penalties
The penalties for robbery are very severe. First-degree robbery can result in 3 to 9 years in state prison, and second-degree robbery can lead to 2 to 5 years in prison. Both degrees are violent felonies under the Three Strikes law.
Burglary: More Than Just Breaking and Entering
Many people envision burglary as breaking into a building at night, wearing a black mask, and carrying a crowbar.
Therefore, the definition of burglary might slightly throw off your image. For example, under California Penal Code 459, burglary is when someone enters a structure (a house, commercial building, or even a car) with the intent to commit a felony or theft once inside. This even includes a railroad car.
Intent is Enough
Here’s what’s unique about burglary law: you don’t have to actually steal anything or commit a crime to be charged with burglary. The mere intent to commit a crime upon entry is enough to get charged. For example, if you walk into an open garage intending to steal a bike and leave empty-handed because you got scared, you’ve still committed burglary.
Two Degrees of Burglary
In some states, you can be charged with burglary of the first degree (residential burglary, when a building is inhabited) or second degree burglary (commercial burglary) – entering any other type of structure.
First Degree Burglary
First-degree burglary is entering an inhabited dwelling (where people live) and is always a felony. The penalties are severe, with a state prison time and fines. It’s a serious felony under state laws such as California’s Three Strikes law.
Second Degree Burglary
Second-degree burglary covers all other structures, like businesses, storage units, or cars. This can be charged as a misdemeanor or felony, depending on the circumstances and your criminal history. Typical penalties range from up to 1 year in a county jail for misdemeanors to up to 3 years in state prison for a felony.
Why You Need a Criminal Defense Lawyer
Whether you’re facing burglary or robbery charges, having a criminal defense lawyer isn’t just helpful – it’s necessary. Here’s why:
Challenging Legal Issues in the Case
Both burglary and robbery charges have multiple legal elements that the prosecution must prove beyond a reasonable doubt. A good defense attorney knows how to attack these details.
For burglary cases, your lawyer may focus on disproving intent. Remember, burglary requires you to have intended to commit a crime upon entry. If you entered a building with innocent intentions but made a bad decision once inside, that’s not burglary. Your lawyer can help establish this fact.
In robbery cases, your lawyer may challenge the force or fear element or whether the property was taken from the victim’s “immediate presence.” These technical details can be the difference between conviction and acquittal.
Negotiating Alternative Charges
A good defense lawyer can often negotiate with the prosecutor to reduce the charges to lesser offenses. For example, burglary charges can be reduced to trespassing or theft.
Robbery charges can be negotiated down to grand theft (which may include a lesser felony like pick-pocketing) or simple assault.
Preserving and Supporting a Defendant’s Constitutional Rights
Criminal cases involve search and seizure issues, confession challenges, or lineup identification procedures. Your defense lawyer will review every aspect of your arrest and investigation to ensure your constitutional rights weren’t violated. If they were, the evidence may be suppressed, and your case can be dismissed.
Advocating the Best Sentence
If conviction is likely, your lawyer’s role becomes critical in advocating for the best possible sentence. This may include:
- Presenting mitigating evidence about you and your background
- Arguing for probation instead of prison time
- Drug treatment or community service
- Plea deals that minimize long-term consequences
Making the Future More Positive
Beyond jail time and fines, burglary and robbery convictions can negatively impact a person’s life. A competent criminal defense attorney will keep this in mind. They can help avoid:
- Employment problems
- Housing restrictions
- Immigration consequences
- Loss of gun rights
- Professional license restrictions
- Future sentencing issues
A good defense lawyer can minimize future difficulties and advise you on rehabilitation options like expungement.
Defense Strategies
Each case is different, but some common defense strategies for burglary and robbery are used that can help experience a better outcome. The defenses are outlined below.
For Burglary:
- Lack of intent to commit a crime upon entry
- Mistaken identification
- Legitimate presence on the property
- Owner’s consent
- Not enough evidence
- Intoxication (which can negate specific intent)
For Robbery:
- Mistaken identification
- Claim of right (honestly believing the property was yours)
- Alibi
- Not enough evidence of force or fear
- Self-defense
- Duress
Timing is Everything
If you’re facing burglary or robbery charges, time is of the essence. Early intervention by a lawyer can make a big difference in your case. Your lawyer can:
- Save evidence before it’s gone
- Interview witnesses while memories are still fresh in people’s minds
- Start negotiating with the prosecutor before charges are filed
- Protect you from making incriminating statements
- Get started on your defense strategy now
Who to Choose
When choosing a criminal defense lawyer for burglary or robbery, look for:
- Experience with theft crimes
- Knowledge of the local courts and prosecutors
- Positive case results
- Clear communication
- Realistic expectations
- A well-thought-out strategic approach
Contact a Criminal Defense Lawyer Who is Experienced in Robbery or Burglary Crimes Today
Remember, a conviction for burglary or robbery can affect your life long after the sentence is served. Working with a criminal defense lawyer gives you the best chance at a good result – whether that means fighting the charges at trial, negotiating a plea, or seeking alternative sentencing.
Call a criminal defense lawyer today.
