What’s the Difference Between Robbery and Burglary in San Diego?

Most people use “robbery” and “burglary” like they mean the same thing. They don’t. And in California, that difference isn’t just semantic. One is an always-felony strike that can never be reduced. The other splits into charges that range from a strike-eligible felony down to a wobbler you may be able to knock down to a misdemeanor. If you or a loved one is staring at a charging document with one of these words on it, the label matters more than you think. David P. Shapiro Criminal Defense Attorneys helps people facing robbery and burglary charges across San Diego County. Here’s the real difference, and why it shapes everything that comes next.

What actually separates robbery from burglary?

Robbery is taking property directly from a person, or from their immediate presence, against their will, by force or fear.¹ Burglary is entering a structure with the intent to commit theft or any felony once inside.² The dividing line is the victim. Robbery requires a confrontation. Burglary is complete the moment you cross the threshold with criminal intent, whether or not anyone is home and whether or not you take a single thing.

That distinction sounds academic until you see how it plays out. Robbery is about a person. Burglary is about a place.

Picture two scenarios. In the first, someone corners you in a parking garage and demands your wallet. That’s robbery, because force or fear was used against a person.¹ In the second, someone slips through an unlocked back door while the house is empty, planning to grab jewelry. That’s burglary, because the crime was the entry with intent, not any confrontation.²

The reason this matters so much is that the two charges carry wildly different long-term consequences. And that’s where the conversation gets serious.

Is robbery always a felony in California?

Yes. Robbery under Penal Code section 211 is always a felony, and it is always a strike under California’s Three Strikes law.¹ ³ There is no misdemeanor version. There is no wobbler path. Unlike many theft-related offenses, robbery cannot be reduced to a lesser classification, which makes it one of the most rigid charges in the criminal code.

A strike doesn’t just add time to a current sentence. It follows you. If you pick up a future felony, that prior robbery conviction can double your sentence, and a second strike changes the entire calculus of any negotiation.³

Here’s what most people misunderstand. You can be convicted of robbery even if you never touched the victim and never displayed a weapon. Fear can be implied.¹ If a store clerk hands over cash because your words or presence made them afraid, that can satisfy the “fear” element. The prosecution doesn’t need bruises. They need a reasonable apprehension of harm.

So the fight in a robbery case rarely turns on whether property changed hands. It turns on whether the force or fear element can actually be proven. That’s a defense pressure point, and it’s a different battle than the one you fight in a burglary case.

When is burglary a felony versus a misdemeanor?

Burglary’s classification depends on the degree. First-degree burglary, which involves entering a residence, is always a felony and a strike.⁴ ³ Second-degree burglary, which covers commercial structures and everything that isn’t a residence, is a wobbler, meaning it can be charged or later reduced to either a felony or a misdemeanor.⁴ ⁵

That split is the single most important thing to understand about burglary charges.

Why first-degree burglary is so serious

Penal Code section 460 designates residential burglary as first-degree.⁴ Because it’s a strike, it carries the same long-tail consequences as robbery. A first-degree burglary conviction can double a future felony sentence and reshape every plea discussion from the first hearing.³

Where the wobbler gives you room

Second-degree burglary is different. Under Penal Code section 17, a wobbler charged as a felony can later be reduced to a misdemeanor when the facts and the defendant’s record support it.⁵ In our experience, that reduction can be the difference between a client carrying a felony strike-adjacent record and walking away with a misdemeanor. Our attorneys have handled cases where the gap between a reducible second-degree burglary and an always-felony robbery shaped the entire defense strategy.

That flexibility simply doesn’t exist for robbery. Which raises an obvious question: what happens when a single incident triggers both charges?

What does “force or fear” actually mean in a robbery case?

Force or fear is the element that separates robbery from ordinary theft, and it’s broader than most people assume.¹ Force can be minimal, a shove or a grab, and fear can be express or implied. The victim doesn’t need to be threatened with words. A reasonable apprehension of harm, created by conduct or circumstances, is enough to satisfy the element.

This is where robbery cases are won and lost.

Consider the difference between two shoplifters. One walks out of a store with merchandise. That’s theft. The other is confronted by security, pushes past the guard, and flees. That push can convert the theft into robbery, because force was used to retain the property.¹ Same store, same merchandise, radically different charge and radically different consequences.

Because the force-or-fear element is often subjective and fact-dependent, it’s the natural target for a defense. When the facts support it, our team can, and will, challenge whether the prosecution can actually prove that force or fear was present at the moment property was taken. If they can’t, the case may not be robbery at all. It may be theft, and it may not be a strike.

Why the intent-at-entry requirement matters in burglary cases

Burglary requires that the intent to steal or commit a felony existed at the moment of entry, not that it formed later.² If someone walks into a store intending only to browse and then decides to steal once inside, that may not be burglary, because the intent didn’t exist when they crossed the threshold. The prosecution must prove intent at entry, and that’s a genuine defense pressure point.

Most people assume burglary just means “breaking in and stealing.” The timing is what makes it a crime, and the timing is what makes it defensible.

Proving what someone intended at a precise moment is hard. There’s rarely direct evidence of a defendant’s state of mind at the exact instant of entry. Prosecutors build it from circumstantial facts: the tools someone carried, the time of day, how the entry happened, how many times it happened. When those facts are thin or ambiguous, the intent element becomes vulnerable.

When the facts support it, our team can, and will, challenge whether the prosecution can actually prove intent existed at the moment of entry, rather than forming afterward. That single element can be the difference between a burglary conviction and a lesser theft charge.

How does shoplifting differ from burglary after Prop 47?

Entering an open business during business hours with intent to steal $950 or less is shoplifting, a misdemeanor, not burglary.⁶ Before Proposition 47, prosecutors could charge that same conduct as second-degree commercial burglary, a potential felony. Prop 47 created Penal Code section 459.5 to close that gap, redirecting low-value retail theft away from the burglary statute.⁶ ⁷

This is one of the most common points of confusion we see.

The key variables are the value, the timing, and the type of structure. Under $950, during business hours, in a business open to the public: that’s shoplifting.⁶ Over $950, or after hours, or entry into a non-public area, and the analysis changes. The conduct can climb back into felony burglary territory.

The practical takeaway is that not every theft from a store is a felony, and not every entry is burglary. Where a charge falls on that spectrum depends on details that a careful review can surface. For anyone facing a charge that could be either, that distinction is worth pressing hard.

How do San Diego prosecutors charge robbery and burglary cases?

The San Diego County District Attorney’s Office charges strike offenses aggressively, and both residential burglary and robbery carry strike exposure that shapes plea negotiations from the first appearance.³ Felony robbery and first-degree burglary cases in the City of San Diego are typically filed and arraigned at the Superior Court’s Central Division downtown, while East County cases route through El Cajon and South Bay cases through Chula Vista.

Local knowledge matters here, because charging patterns aren’t uniform.

Having defended robbery and burglary cases across San Diego’s Central, El Cajon,  Chula Vista, and Vista courthouses, our team understands how these charges tend to be filed in this county. When an incident involves an occupied residence and any confrontation, expect prosecutors to consider both counts plus enhancements. That’s the local reality, and it’s why the strike exposure needs to be assessed before the first negotiation, not after.

One brief related note: if a vehicle was taken by force or fear, the charge may be carjacking under Penal Code section 215 rather than standard robbery.⁸ It’s a close cousin, and it’s also a felony. If your paperwork says carjacking, the analysis shifts, but the strike stakes remain high.

Frequently Asked Questions

Is carjacking the same as robbery in California?

Not exactly. Carjacking under Penal Code section 215 is the taking of a vehicle from a person by force or fear, while robbery under section 211 covers personal property generally.¹ ⁸ Both are felonies and both involve force or fear, but carjacking is a distinct offense with its own charging and sentencing framework.

Can a burglary charge be reduced to a misdemeanor?

Only second-degree burglary. Because it’s a wobbler, a second-degree burglary charged as a felony can be reduced to a misdemeanor under Penal Code section 17 when the facts and the defendant’s record support it.⁵ First-degree residential burglary is a straight felony and a strike, so it cannot be reduced this way.⁴ ³

Does burglary require actually stealing something?

No. Burglary is complete the moment someone enters a structure with the intent to commit theft or a felony inside.² Whether they take anything, or even attempt to, doesn’t change the analysis. The crime is the entry with intent, which is why our attorneys often focus the defense on whether that intent existed at the moment of entry.

What’s the difference between robbery and theft?

Force or fear. Theft under California law is simply taking property, but robbery under Penal Code section 211 requires that the property be taken from a person by force or fear.¹ That single element is what elevates a theft into a strike offense, and it’s frequently the central issue our team contests.

How long does a robbery or burglary conviction stay on your record?

Strike convictions, including robbery and first-degree burglary, are permanent for sentencing purposes.³ ⁹

Contact David P. Shapiro Criminal Defense Attorneys About Robbery and Burglary Charges in San Diego

The bottom line is this: robbery and burglary are not interchangeable, and the difference between them, especially the strike and reduction consequences, can shape the rest of your life. Every case turns on its own facts, from the force-or-fear element to the moment intent formed at entry. If you’re facing either charge in San Diego, contact David P. Shapiro Criminal Defense Attorneys to request a case evaluation and understand exactly what you’re up against.

References

¹ Penal Code, § 211 [“Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.”]

² Penal Code, § 459 [defining burglary as entry into a structure with intent to commit grand or petit larceny or any felony].

³ Penal Code, § 1170.12 [Three Strikes law; doubling of term for one prior serious or violent felony conviction and indeterminate life terms for multiple prior strikes].

⁴ Penal Code, § 460 [defining first-degree burglary as burglary of an inhabited dwelling and second-degree as all other burglary].

⁵ Penal Code, § 17, subd. (b) [providing that a wobbler offense becomes “a misdemeanor for all purposes” upon court declaration].

⁶ Penal Code, § 459.5 [defining shoplifting as entering a commercial establishment during business hours with intent to steal property valued at $950 or less].

⁷ Penal Code, § 1170.18 [Proposition 47 resentencing and redesignation procedure].

⁸ Penal Code, § 215 [defining carjacking as the felonious taking of a motor vehicle from a person by force or fear].

⁹ Penal Code, § 1203.4 [petition for dismissal following probation; relief does not remove use of a conviction as a prior or strike].