These three California offenses are very closely related, and commonly confused. This is because each one shares “elements” with the other. Let me explain.
1. How does California law define “robbery”?
Penal Code 211 PC, California’s robbery law, punishes the act of taking someone else’s property from that person’s “immediate presence” when accomplished by force or fear.1
Penal Code 211 is the most serious of the three crimes in question.
2. What is a California theft?
If you don’t use force or fear to accomplish a taking, or if the property isn’t in the person’s “immediate presence,” then you simply have a theft. The distinction between theft vs robbery turns on whether force or fear was used.
Grand theft (under Penal Code 487 PC) if the property’s value exceeds $400, or petty theft (under Penal Code 484) if the value is $400 or below.2
3. What about a California burglary?
Despite common misconception, a burglary under California Penal Code 459 doesn’t necessarily involve stealing. A burglary takes place when you enter a building and already have the intent to commit a felony or to steal.3
This means that if you go into a house and intend to steal once inside, you have committed burglary and theft. If during that time, someone comes home and you threaten to harm him if he stops you from taking more property, you have committed robbery, burglary, and theft.
But if you enter a store, simply intending to shop, and only form the intent to steal once inside, you don’t commit a burglary. And whether you use force or fear to accomplish the taking will determine whether or not you are only guilty of theft or also of robbery. (Also read our article, “Three California Crimes Often Charged During Emergencies.”)
For a more detailed discussion, see our pages on the difference between robbery and burglary and the difference between larceny and burglary.
Legal References:
-
- California Penal Code 211 PC.
- See California Penal Code Sections 487 and 484 PC.
- California Penal Code 459 PC.