Redwood City Burglary and Robbery Lawyer
Fighting Burglary and Robbery Charges in California
Burglary and robbery are more serious crimes than simple theft. Both of these charges can lead to years in jail and a felony record that may follow you for the rest of your life. If you have been accused of these crimes, you need to work with an experienced theft attorney to defend yourself.
At the Law Offices of M. Gabriela Guraiib, our theft crime defense attorney is a former public defender who understands how to protect your rights in difficult circumstances. We will work with you to investigate your case, collect evidence to demonstrate your innocence, and build the best possible legal defense for your unique situation.
Burglary and Robbery Laws in California
Many people assume that robbery and burglary are the same, but they are quite different under California law. Burglary is defined as entering a structure “with intent to commit grand or petit larceny or any felony.”
This crime is divided into first-degree and second degree burglary depending on the structure involved. First-degree charges involves entering a home or apartment, while second-degree covers stores and other structures. The felony involved does not need to be theft, and it does not even need to occur for a conviction to be decided.
Robbery, on the other hand, is the act of committing theft through the threat of violence. It may be first-degree or second degree depending on the circumstances. First-degree robbery consists of robbing someone on transportation, in an inhabited structure, or while someone is at an ATM. Second-degree covers all other situations for robbing someone.
All forms of robbery are felonies. Second degree charges carries penalties of up to five years in prison, felony probation, and a fine of up to $10,0000. First-degree charges increases that to six years in prison.
These penalties can be increased if there are aggravating circumstances. For instance, if you substantially injury someone during a theft, this can add up to six additional years to the sentence.
Similarly, using a gun while robbing someone can add significant time to a potential sentence.
- Just having a gun adds 10 years
- Firing a gun on purpose during the robbery adds 20 years
- Injuring or killing someone with a gun while robbing someone leads to sentences of 25 years to life in prison
What Are the Penalties for Burglary?
The penalties for this charge depend on the circumstances. First degree burglary can lead to up to six years in prison because it is always a felony.
Second-degree charges may be a felony or a misdemeanor. As a felony, it carries up to three years in jail. Asa misdemeanor, it can carry a jail sentence of up to one year.
Expert Legal Representation Against Burglary and Robbery Charges
If you’ve been accused of burglary or robbery, you need to take swift action to defend yourself. Contact the expert theft and violent crime attorney at the Law Offices of M. Gabriela Guraiib to learn how we can help you stand up against these charges and protect your rights every step of the way.
