California Penal Code Sections 211 and 459
RobberyCalifornia Penal Code section 211 defines robbery as a taking of property from another person by force or through fear. All robberies are felonies and considered "strikes." Robbery differs from theft and burglary in that it involves a person-to-person interaction that involves force, intimidation, and/or coercion.Robbery can be charged as first or second degree.
- Robberies committed in inhabited dwellings, vessels, or trailer coaches; against drivers and passengers of taxis, subways, trolleys, and trains; or against people using ATM machines are considered first degree robbery. Depending on the circumstances, conviction for first degree robbery carries a state prison term of 3 to 9 years.
- Robberies other than those described above are considered second degree, and carry prison terms of 2, 3, or 5 years.
- First, any entering of a building with the intent to commit a theft - whether it's petty theft or grand theft, or classified as a misdemeanor or felony - qualifies as a burglary.
- Second, entering a building with the intent to commit any felony meets the definition of burglary. For example, breaking into an apartment to commit a sexual assault would be classified as burglary.
- Third, intent is crucial. All that is required to be charged with burglary is evidence that you entered a building or home with the intent to commit a theft or felony. Even if you left the building without committing a crime, burglary can still be charged.
- First degree burglary is charged when a person enters an inhabited house, vessel, or trailer coach, and is a felony and a "strike." Conviction of first degree burglary comes with a state prison term of 2, 4, or 6 years.
- All other burglaries - such as of a vehicle, store or warehouse - are second degree, and are considered "wobblers," meaning they can be charged as either misdemeanors or felonies. Conviction of second degree burglary comes with a jail term of less than 1 year if charged as a misdemeanor, or up to 3 years in state prison if charged as a felony.