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Criminal Law

: California Criminal Defense Blog

Understanding the Difference between Robbery, Burglary, and Theft

By Neil Shous, Esq.

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These three California offenses are very closely related...and commonly confused. This is because each one shares ?elements? with the other. Let me explain. 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. Penal Code 211 PC California?s robbery law is the most serious of these three crimes. If you don?t use force or fear to accomplish the taking?or if the property isn?t in the person?s ?immediate presence?, then you simply have a theft. Grand theft if the property?s value exceeds $400, petty theft if the value is $400 or below. And, despite common misconception, a burglary 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...continue to full post

Full post as published by California Criminal Defense Blog on June 18, 2010 (boomark / email).

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