How Does Burglary Differ from Theft and Robbery?
People often use the terms burglary, theft, and robbery interchangeably. However, these are each distinct crimes under California law.
How burglary differs from theft
To be convicted of theft in California, the offender must have the specific intent of taking or withholding the property of another. Theft may involve personal property, money, real property, or the value of a person’s labor.
Theft does not require person-to-person interaction. In fact, it can occur without the owner’s knowledge entirely. The defendant does not need to take the property by using force or threats. In fact, the property doesn’t even need to be in the owner’s possession to begin with. For example, the owner could agree to lend the offender property for a period of time, and the offender could simply decide to keep it and claim it as his own.
Theft differs from burglary in that the offender does not have to break into a building. For theft, the property can be out in the open or even in the possession of the perpetrator in a loan arrangement.
How burglary differs from robbery
Robbery is charged under California Penal Code 211. The crime involves five elements:
- The defendant took property that did not belong to them.
- The property was taken from the victim or their immediate presence.
- The property was taken against the victim’s will.
- The defendant used fear or force in taking the property.
- The victim was deprived of the value or enjoyment of the property.
One of the starkest contrasts between robbery and burglary is the actual taking of property. Remember, burglary does not require the actual taking of property, only the intent to commit a felonious act. Robbery requires the taking of a person’s property.
Furthermore, robbery requires the use of force or fear, while burglary requires no human-to-human contact.