Understanding the Differences between PC 211 Burglary and PC 459 Robbery Elements, Strikes, Max Exposure, and Wobblers

Understanding the Differences between PC 211 Burglary and PC 459 Robbery Elements, Strikes, Max Exposure, and Wobblers

California Penal Code (PC) 211, PC 459 1st with a person present, PC 459 1st no person present, and PC 459 2nd are criminal offenses related to burglary and robbery. 

These charges may have serious legal consequences, including potential jail time, hefty fines, and a permanent criminal record. 

Therefore, it is important to understand the differences between these charges and their legal implications.

 In this article we will discuss the elements, strikes, max exposure, and whether or not they are wobblers.

PC 211: Robbery

Robbery is a felony offense in California and is defined under PC 211.

Robbery occurs when an individual takes personal property from another person or their immediate presence, against their will, and through the use of force or fear.

In other words, robbery involves taking property from someone by force or fear.

Elements:

• Taking personal property
• From another person or their immediate presence
• Against their will
• Through the use of force or fear

Strike: Yes 

Max Exposure: Up to 9 years in state prison

PC 459 1st with a person present: Burglary

Burglary is also a felony offense in California and is defined under PC 459.

Burglary occurs when an individual enters a building or structure with the intent to commit a felony or theft while someone is present in the building or structure.

In other words, burglary involves entering a structure while intending to commit a crime or felony while someone is present.

Elements:

• Entering a home, apartment, guest house, hotel room, etc.
• With the intent to commit a felony or theft
• While someone is present in the building or structure

Strike: Yes, “Serious” and “Violet” 

Max Exposure: Up to 6 years in state prison

PC 459 1st no person present: Burglary

Burglary under PC 459 can also occur when someone enters a building or structure with the intent to commit a felony or theft while no one is present. This offense is known as PC 459 1st no person present.

Elements:

• Entering a building or structure
• With the intent to commit a felony or theft
• While no one is present in the building or structure

Strikes: Yes, “Serious”

Max Exposure: Up to 3 years in state prison

PC 459 2nd: Commercial Burglary

Commercial burglary is also a felony offense in California and is defined under PC 459.

Commercial burglary occurs when an individual enters a commercial establishment with the intent to commit a felony or theft.

In other words, commercial burglary involves entering a business or commercial establishment with the intent to commit a crime.

Elements:

• Entering a commercial establishment
• With the intent to commit a felony or theft

Strikes: No 

Max Exposure: Up to 3 years in state prison

Wobblers

A wobbler is an offense that the District Attorney can be charge as either a felony or misdemeanor depending on the facts of the crime and the discretion of the prosecutor.

PC 211 and PC 459 1st with a person present are considered wobblers. This means that the prosecutor can choose to charge the defendant with either a misdemeanor or a felony offense.

WHAT SHOULD I DO IF I HAVE BURGLARY OR ROBBERY CHARGES IN ORANGE COUNTY, CALIFORNIA?

If you have been charged with a felony or misdemeanor Robbery or Burglary charges in Orange County, you need the criminal defense lawyers at ALL Trial Lawyers by your side.

The attorneys at ALL Trial Lawyers are trial attorneys with years of experience. They know the law and are not afraid to take your case to trial.In addition, they have a strong reputation among judges and prosecutors throughout Southern California, which has delivered tremendous victories for their clients.

Our ultimate goal is to provide the best results that can be achieved in your case— whether by way of outright dismissal, a favorable plea bargain deal, or an acquittal of the charges at trial. With ALL Trial Lawyers by your side, you can rest assured that the criminal team will be giving you their all.

Call (866) 811-4255 right now for your free consultation.

We have an office located near you. We have experience fighting cases in Orange County, Los Angeles County, San Bernardino County, Riverside County, and San Diego County.

If you have been accused or charged of a crime, you must speak with an experienced criminal defense attorney who can help you navigate the legal system and protect your rights.

Orange County Criminal Defense Lawyer Office

Conclusion

In conclusion, PC 211, PC 459 1st with a person present, PC 459 1st no person present, and PC 459 2nd are criminal offenses related to burglary and robbery in California. Each offense has its own unique elements, strikes.