What Is the Difference Between Robbery and Burglary?

April 8, 2025 | Nafiz M. Ahmed

To put it simply, you commit robbery when you steal a possession from a person, and you commit burglary when you enter a building (or other similar structure) with the intent to steal something. In even shorter terms, you rob a person and you burgle a building. California defines this specifically in state law so that the definition is consistent across the state.

How Robbery and Burglary Are Different in Action

Let us set up some scenarios to illustrate for you how situations look different when we mean robbery or burglary. While both involve larceny (theft), they can look completely different in practice. They could also overlap during the same larger act of larceny, meaning more charges.

Picture Person A, approaching another person, Person B. Person A then pulls out a gun, points it at Person B, and demands that Person B hand over all their money and valuables. Out of fear, Person B complies, and Person A runs away. By California Penal Code § 211, Person A committed robbery. California specifies that fear must be involved, otherwise, this might as well be a random request that both people agreed to.

Now, let’s imagine Person A then went into a nearby jewelry store, fully intending to steal some jewelry. Without having stolen anything, Person A is already guilty of burglary under California Penal Code § 459 despite nothing having been stolen as of yet. Obviously, it is difficult to prove someone’s intent without an action to attach to it.

The Differences in Degrees of Robbery and Burglary

California breaks up robberies and burglaries into two levels called degrees. A first-degree of either crime is more serious, and second-degree is reserved for all other qualifying crimes. First-degree robberies and burglaries carry stiffer sentences while second-degree ones carry lesser sentences.

A first-degree robbery happens when someone operating a vehicle, riding in a vehicle, within a dwelling, or operating or just finishing operating an ATM is robbed. Again, it is important to remember that these are robberies because something was taken directly from a person, regardless of where they were. Robberies are second-degree in all other cases.

First-degree burglary is when someone burgles an inhabited (meaning lived-in) dwelling or inhabited part of a building, even if no one besides the burglar(s) is there at the time. Other burglaries are second-degree.

Punishments for Different Degrees of Burglary and Robbery

Robberies have three categories of punishments that a court will consider when sentencing after a guilty verdict.

These categories are:

First-degree robbery committed with two or more other people: three, six or nine years in state prison
All other first-degree robbery: three, four or six years in state prison
Second-degree robbery: two, three, or five years in state prison
Attempted robbery: half the length of the sentence if the crime had gone to fruition

Burglary sentences are broken up similarly to robberies, but they do not have an added category accounting for how many people committed the burglary.

First-degree burglary: two, four, or six years in state prison
Second-degree burglary: up to one year in county jail
Unusual cases: probation if the court finds good reason

Every case will need its own attention to know which sentence will apply.

Contact a Criminal Defense Attorney if You’ve Been Charged With Robbery or Burglary

If you’ve been charged with a crime, time is of the essence. If you are unsure about your rights and legal options, a criminal defense attorney can help you better understand your charges and what steps you should take to make sure you are protected.

Contact our Criminal Defense Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help

For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500