What’s the Difference Between Burglary and Robbery?

If you or someone you know is facing criminal charges, understanding the exact nature of the accusation is critical—especially when it comes to property crimes like burglary and robbery. These two offenses are often confused in everyday language, but under California law, they are distinct crimes with very different legal elements and penalties.

At Flores Legal Allies, we defend individuals throughout San Diego and Los Angeles facing serious criminal allegations. We don’t just represent our clients—we listen to their concerns, educate them on their rights, and bring calm to stressful legal situations. We’ll explain the core differences between burglary and robbery, using plain language where the law gets technical.

Burglary: The Crime of Unlawful Entry with Intent

Legal Definition

Under California Penal Code § 459, burglary is defined as entering a structure with the intent to commit theft or any felony inside. The intent must exist at the time of entry.

Key Elements of Burglary

• entry into a structure (e.g., house, apartment, office, store, or even a locked car).
• intent to commit a theft or felony at the time of entry.
• Actual theft or completion of the felony is not required the intent alone is sufficient.

In other words, if someone walks into a building planning to steal something but doesn’t follow through, they can still be charged with burglary.

Types of Burglary

California recognizes two degrees of burglary:

This involves entering a residential structure—like a house, condo, or apartment. It is always charged as a felony.

This typically involves businesses, storage units, or other non-residential properties. It can be charged as either a misdemeanor or a felony, depending on the circumstances and the defendant’s criminal history.

Robbery: A Violent Theft from a Person

Legal Definition

Under California Penal Code § 211, robbery is defined as the taking of personal property from another person’s possession or immediate presence, against their will, by using force or fear.

Key Elements of Robbery

• The victim must be present during the crime.
• The property must be taken directly from the person or their immediate surroundings.
• The act must involve force or intimidation.
• The intent to permanently deprive the person of their property must exist.

This means robbery is a crime against a person, not just property. It is considered a violent offense, and California courts take it very seriously.

Examples of Robbery

• Threatening someone with a weapon and taking their phone
• Forcefully grabbing a purse from someone’s shoulder
• Shoving a store clerk while taking money from the register

Even if the victim is not physically harmed, the use of threats or fear is enough to elevate a theft to robbery.

Major Differences Between Burglary and Robbery

Here’s a breakdown of how the two crimes differ:

1. Presence of the Victim Robbery requires the victim to be present and aware of the theft. Burglary does not.
2. Use of Force or Intimidation Robbery always involves force or fear. Burglary can occur without any confrontation or violence.
3. Target of the Crime Burglary targets a location. Robbery targets a person.
4. Timing of the Crime Burglary focuses on intent at the time of entering a structure. Robbery focuses on what happens during the actual taking of property.
5. Legal Classification Burglary may be charged as a misdemeanor or a felony, depending on the circumstances. Robbery is always a felony.

Penalties for Burglary

The penalties for burglary in California depend on the degree of the charge:

• Felony offense
• to 6 years in California state prison
• Strike offense under California’s Three Strikes Law

Second-Degree Burglary (Commercial)

• Can be charged as a misdemeanor or felony
• Misdemeanor: Up to 1 year in county jail
• Felony: 16 months, 2 years, or 3 years in county jail

Judges may consider factors such as prior convictions, whether the structure was occupied, and the nature of the intended crime when determining the sentence.

Penalties for Robbery

Robbery charges are always more severe than burglary because of their violent nature. The penalties include:

First-Degree Robbery

• 3 to 9 years in state prison
• Applies if the robbery occurred in an inhabited dwelling, near an ATM, or during a carjacking
• Strike offense under California’s Three Strikes Law

Second-Degree Robbery

• 2 to 5 years in state prison
• Applies to all other types of robbery

Additional sentencing enhancements may apply if a weapon was used or if the victim suffered serious bodily injury.

Can You Be Charged with Both?

Yes. In some situations, a person can be charged with both burglary and robbery.

Example: If someone breaks into a home (burglary) and then uses threats or violence to take property from someone inside (robbery), both charges may apply. Prosecutors often stack charges to increase pressure for a plea deal or to pursue harsher penalties.

If you're facing multiple charges, it’s essential to have an experienced criminal defense attorney to challenge overcharging and protect your rights.

Common Defenses

At Flores Legal Allies, we tailor each defense to the specific facts of your case. However, here are some common legal defenses we may explore:

For Burglary Charges:

• Lack of Intent: If you did not intend to commit theft or a felony upon entering the structure.
• Mistaken Identity: You were not the person who entered the property.
• Consent to Enter: You were lawfully allowed inside the building.

For Robbery Charges:

• No Force or Fear: The alleged victim may have handed over the property willingly, or no threats were made.
• False Allegations: There may be a misunderstanding or a fabricated story.
• No Taking of Property: You did not actually take anything or lacked intent to deprive someone of their property.

Why Legal Representation Is Critical

Both burglary and robbery carry serious, life-altering consequences. A conviction can result in prison time, loss of rights, damage to your reputation, and long-term barriers to employment and housing.

It’s also important to know that both offenses are considered “crimes of moral turpitude.” This means a conviction can affect immigration status, licensing, and professional credentials. If you’re not a U.S. citizen, these charges can lead to deportation or denial of citizenship.

That’s why having a criminal defense attorney who understands not only the law, but your unique situation, is so important.

How Flores Legal Allies Can Help

At Flores Legal Allies, we don’t just see you as a case file. We see you as a person going through one of the most difficult times in your life. Whether you’re charged with burglary, robbery, or both, we’re here to guide you every step of the way.