Many people hear the terms robbery and burglary used interchangeably in everyday conversations, but don’t realize there is actually a major difference between the two. While both terms involve the unlawful taking of someone else’s property, the two are very different crimes.
A robbery considered a “strike offense” in the state of California, is a serious crime that involves taking something from someone by force, violence or threat. A simple theft can become a robbery in certain circumstances. For example, if you take a sandwich from a store and the owner sees you and attempts to grab the sandwich from you, and you pull the sandwich away, it has become a robbery even with the use of this minimal level of force. While that may sound like a small way to escalate an offense, it involves force and another person.
A burglary is defined as unlawful entry into a residential or commercial building or locked vehicle with the intent to commit a felony or theft inside. In general, a burglary does not require the presence of another person, nor violence or force of any kind. During a burglary, the accused must have the intent to commit theft from a residential or commercial building or locked vehicle with the intent to commit a felony or theft therein. A burglary can be a strike offense as well depending on the degree. For more on the differences between the two and the steps you should take consult with an Oakland theft defense attorney today.
Because the law is so nuanced, it important that these categories are defined and the differences are understood by a defendant in such cases. Understanding the severity of a criminal charge you are facing can make a difference in how you strategize with your attorney and plan your defense. It is also important to note that there are degrees within each of the categories of crimes the accused should understand as well.
There are two degrees of burglary, and they each involve specific charges—with one always being a felony offense, and the other either a “wobbler” — a misdemeanor or felony, depending on the particulars of the burglary that has taken place. The first-degree burglary involves stealing from a place that is residential, an inhabited dwelling, which would be a home, houseboat, apartment or any other place where people live. First-degree burglary is always a felony strike offense and carries a 2 – 6-year sentence in state prison, up to $10,000 in fines and no offer of probation. Second-degree burglary, on the other hand, involves stealing from any building that is not residential in nature, and if charged as a felony can carry 16 months – 3 years in prison and up to $10,000 in fines. If charged with a misdemeanor, a second-degree burglary sentence can involve 1 year in county jail and up to $1,000 in fines. There are enhancements that will be considered as well for instance if explosives are present if a person is a home during a burglary, etc.
Robbery also comes in two degrees, and as mentioned involves force or threat and another person. In a robbery case, it is important to note that the value of what is taken from a person does not matter, as it is the use of force or threat that classifies the offense as a robbery. The first-degree robbery involves robbing a driver or passenger of a vehicle for hire, an inhabited residence, or robbing people or individuals who are using or just finished using an ATM. The first-degree robbery can carry a sentence of up to 9 years in a California state prison. Second-degree robbery sentences can carry sentences up to 5 years in state prison. If you have hurt someone during the commission of a robbery, or used or fired a gun, or robbed more than one person, etc. the robbery offense is enhanced and years can be added to your sentence.
At The Nieves Law Firm, we know how confusing the law can be for those accused of robbery or burglary crimes. We understand it can be a stressful time and if charged with a robbery or burglary you need somebody that understands the varying degrees, understands the possible defenses, and what a potential conviction means for your livelihood. You need an experienced, calm hand to guide you through it and our attorneys at The Nieves Law Firm are equipped with the tools to help you present a strong defense.
For more information on Robbery and Burglary, a free 30-minute phone consultation is your next best step. Get the information and legal answers you are seeking by calling (510) 779-2082 today.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
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Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!