Robbery v. Theft

 Robbery and theft are distinct crimes under California law. Each crime is defined under a particular section of the penal code, with separate charging guidelines and penalties.

Under Penal Code 211, a robbery takes place when one person takes property from another person through the use of force or fear. A robbery is classified as first degree or second degree depending on where the incident takes place. If it occurs in structures considered inhabited (i.e., homes, apartments, vessels, trailers); against passengers or drivers of a public mode of transportation, like a taxi or train; or against people using an ATM machine, first degree robbery is charged. All other instances are considered second degree.

All robberies are felonies, and are strikes under California's Three Strikes Law. Conviction of robbery can result in a state prison sentence of two to nine years, depending on the circumstances of the incident.

A theft, in contrast to a robbery, is a taking of property that does not involve interaction between people. California Penal Code 484 defines theft merely as a taking of property.https://askcompetentlawyer.com/civil-litigation/ Thefts are classified as either petty or grand. Grand theft involves property that is valued at more that $400, and can be charged as either a misdemeanor or felony. Petty theft involves property valued at less than or equal to $400, and can be charged as either an infraction or a misdemeanor, depending on the circumstances.

Penalties for a theft conviction depend on the severity of the crime. An infraction carries no jail time and a maximum fine of $250. A misdemeanor conviction can come with time in county jail, probation, work project, restitution, fines, and counseling. A felony conviction can come with all of the penalties for a misdemeanor, as well the possibility of time in state prison.

Click here for a detailed description of theft and robbery. Contact the Law Office of Nancy King if you have questions about theft and robbery, or any other topics covered in our blog.