ROBBERY, BURGLARY, AND THE DIFFERENCE

Posted on: September 7, 2015 by in Uncategorized
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California Penal Codes 211 and 459

Orange County criminal defense attorneyIn everyday speech, we might refer to a burglary as a robbery or to a robbery as a theft, but in the law books and the courts, these terms are very precisely defined. Burglary, robbery, and theft refer to three somewhat different crimes in California, but if you’re charged with any of those crimes, you could land in jail if you’re convicted. If you or someone you love faces a charge of robbery, burglary, or theft in Orange County – now or in the future – arrange immediately to speak with an experienced Orange County criminal defense attorney.

What is the distinction between robbery and burglary? Burglary is defined as “entering a structure with the intent to commit a theft once inside” by California Penal Code 459. If the state can prove that a suspect entered a structure with the intent to commit a theft, that suspect will be convicted of burglary. Forced entry or the actual commission of a theft is not required to convict you of burglary. When you use threats, fear, or actual violence to take a person’s property from that person, it constitutes robbery under California Penal Code 211. First-degree robbery is prosecuted as a felony, and a conviction is punishable by up to nine years in prison. Second-degree robbery is also a felony punishable by up to five years in prison.

However, before you can be convicted of any crime in California, the state must prove your guilt “beyond a reasonable doubt,” and a criminal defense attorney’s job is to challenger the state’s evidence and raise doubt. People can be accused of robbery, burglary, and theft for a number of reasons when they’re innocent, but whether you’re innocent or guilty, you must have aggressive defense representation – a criminal defense attorney who will advocate vigorously ion your behalf for justice. If you are charged with theft, burglary, or robbery in Orange County, put your case promptly in the hands of an experienced Orange County criminal defense attorney.

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