Alameda Criminal Defense Attorney

Facing charges for burglary, robbery, or theft?

While burglary, robbery, and theft are similar to each other, these three have different definitions and consequences under California Penal Code. If you’re charged with any of these three, it’s important to speak with a criminal defense attorney to start preparing your defense as soon as possible. Call our office at 510-333-4564 or fill out the contact form to schedule a consultation today.

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Burglary

In California, breaking and entering into a property with the intent to commit a crime is considered burglary. Going inside a building without permission, breaking a window to get inside a room, or even opening an unlocked door of someone else’s house counts as burglary.

A burglary can be charged as either first or second degree depending on the type of property involved in the crime. If a residential property was broken into, it can be considered a first-degree burglary, which is considered a felony and punishable by up to six years in prison and up to $10,000 fine.

On the other hand, breaking into a commercial property is a second-degree burglary. Since it’s a wobbler crime, it can be charged as either a misdemeanor or felony. The penalties cna range from one to three years in county jail, $1,000 to $10,000 fine, and probation. Talk to a criminal defense attorney immediately if you’re facing burglary charges.

Theft

Larceny or theft covers a wide variety of criminal offenses, but it’s main elements involve taking someone else’s money or property without permission without the intent to return it to the owner. Unlike burglary or robbery, the victim of theft doesn’t need to be present in order for the crime to occur.

In addition, theft isn’t limited to stealing goods. Using services (such as accommodations, utilities, or transportation) without paying is considered theft, along with identity theft and embezzlement.

The penalty for theft varies as it can be charged as either a misdemeanor or a felony. Talk to a criminal defense lawyer to discuss the possible consequences of getting convicted.

Robbery

Taking something of value from someone by force or intimidation, without the owner’s permission and with the intent to keep the property permanently, is considered to be robbery. To be convicted of robbery, the prosecutor must prove that the defendant used force (or at least the threat of force) to steal from the victim.

A robbery offense can be divided into degrees of severity depending on the circumstances of the crime. Getting someone injured or using a weapon generally increases the severity of the charge. As a felony, robbery convictions can get defendants sentenced to prison and fined heftily.