California law contains two related but distinct criminal offenses. The terms “burglary” and “robbery” are often used interchangeably, but these crimes have different elements. Moreover, these offenses have a connection to theft, yet another related but distinct crime.

Understanding the differences among these three legal concepts is essential to crafting a strong defense if you're charged with any of the aforementioned offenses.

California Theft Charges

California law defines theft, also called “larceny,” to include any of the following acts:

• Intentionally taking the personal property of another
• Fraudulently appropriating property entrusted to the accused
• Knowingly defrauding any person of money, labor, or property through deception
• Obtaining credit by procuring others to falsely report the accused's wealth

To prove theft, the prosecution must have evidence that you acquired someone else's property under these circumstances. They must also prove that you knew the property didn't belong to you and that you intended to deprive the possessor of it.

Typically, prosecutors will establish intent by showing that the accused carried the property away, transferred it to someone else, or destroyed it.

California has two levels of theft: grand theft and petty theft.

Grand theft occurs when the stolen property is worth over $950, though this threshold drops to $250 for farm crops and aquaculture products. It can include the theft of any automobile or firearm, regardless of value. It also includes any theft from the victim's body, such as a purse snatching or mugging. Petty theft includes most other thefts.

Burglary in California

The burglary statute pertains to the entry into a structure, vessel, aircraft, camper, or locked vehicle to commit petty theft, grand theft, or any felony. Thus, burglary doesn't require theft or attempted theft. Someone could face burglary charges if they entered someone's home with the intent to commit arson, kidnapping, or sexual assault.

To prove burglary, prosecutors must show that the accused entered into an area listed in the statute without permission. This means you generally cannot face burglary charges for breaking into your property because you lost your keys.

However, you can face burglary charges for entering your property if you lost the right to be there. For example, you could commit burglary in your home if your spouse has a protective order prohibiting you from being there.

Except for cargo containers and vehicles, prosecutors don't need to prove that the accused broke in. A person could therefore commit burglary by opening a home's unlocked window or door.

Moreover, “entry” doesn't mean that the entire body crossed into the area. Reaching into the area to grab something inside could violate the law. Lastly, prosecutors don't need to prove that the place was inhabited at the time of the burglary — someone can commit burglary in a vacant home.

California's Robbery Statute

Robbery is a theft or attempted theft using force or fear. Thus, while burglary doesn't require theft or attempted theft, robbery does. However, robbery doesn't cover all thefts. The property must be in the victim's possession, on their body, or in their immediate presence.

Nevertheless, this requirement can apply to any property. For example, someone could commit robbery by pointing a gun at the victim and taking their car keys. Even though the keys have minimal value, they allow the accused to take the victim's vehicle.

Robbery can be accomplished through the use of any force. For example, pushing, grabbing, or hitting the victim might turn a theft into a robbery. The term “fear,” however, requires a reasonable concern of injury or property damage.

As such, threatening someone with releasing embarrassing information might qualify as extortion but not robbery. However, the force or threat can be directed at the victim, a member of the victim's family, or someone in the victim's company.

The Importance of Differentiating Burglary, Robbery, and Theft

Robbery and theft involve the unlawful taking of another's property. Robbery, meanwhile, requires force or fear, while theft extends to any other unlawful taking. Burglary doesn't require theft — it only requires breaking and entering with criminal intent.

Each of these offenses requires proof of distinct elements. By understanding the differences, you can help your lawyer prepare your defense.

Additionally, those convicted of these offenses face different punishments. When you know the possible punishments you'll face, you can assess the risks and determine whether to consider a plea offer.

If you're facing burglary, robbery, or theft charges in California, you don't have to navigate the system alone. Contact The Crawford Law Firm, Inc. today to protect your rights and start building a strong defense.