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Exploring the Differences Between Theft, Robbery and Burglary in California

Posted on in Criminal Defense

San Jose CA theft charges attorneyThere are many times in which certain words can be interchanged and used in place of one another. When you are dealing with the law, it is crucial that wording is precise, so as to avoid as much confusion as possible. While you are pretty much able to use theft, robbery and burglary in the same context in normal conversation, they mean three very different things when you are speaking in the context of the law. They are separate charges that each come with their own punishments. If you have been charged with theft, robbery or burglary, it is important to know what exactly you have been charged with and the consequences for that charge.

Theft

Two terms that are interchangeable in California law are theft and larceny. California law states that larceny occurs when a person takes, steals, carries, leads or drives away the personal property of another person. There are many ins and outs of theft in California -- the punishments vary greatly depending on the type of objects that were taken and the value of those objects. Typically, grand theft can carry a prison sentence of up to a year and a monetary fine. Petty theft can carry a $1,000 fine, six months in county jail or both.

Robbery

According to California law, theft is defined as the felonious taking of personal property that is in possession of another person and in his immediate presence, accomplished by means of force or fear. Fear can mean the fear of unlawful injury to the person who is robbed, relatives or family members of that person, or anyone in that person’s company. Punishment for robbery can vary. If the person robbed a dwelling alongside two or more other people, they could be looking at three, six or nine years in the state prison. In cases other than that, a person who commits robbery will be facing three, four or six years in state prison.

Burglary

The main difference between burglary and robbery is that burglary occurs when you take something from a place, rather than a person. California law states that burglary occurs when a person enters an inhabited place of dwelling or a physical structure with the intent to commit larceny or any other felony. Burglary of the first degree occurs when a person commits larceny from an inhabited place of dwelling; burglary of the second degree occurs when a person commits larceny from any other place. First-degree burglary can mean a two, four or six year state prison sentence. Second-degree burglary can carry no more than one year in the county jail.

A San Jose, CA Theft Charge Defense Lawyer Can Help

While there are differences between theft, robbery and burglary charges, you will be facing serious consequences if you are charged with any of them. At the Jachimowicz Law Group, we know that the specifics of California law can be confusing. If you are facing theft, robbery or burglary charges, you should not hesitate to contact a skilled San Jose, CA robbery charges defense attorney. Our lawyers can help you build a defense to any charge. Contact our office today to begin discussing your case. To schedule a free consultation, call us at 408-246-5500. 

Sources:

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=8.&part=1.&chapter=4.&article=

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=13.&part=1.&chapter=2.&article=

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=13.&part=1.&chapter=5.&article=

 

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