San Jose Minor Robbed at Gunpoint (CA Penal Code 211)

Rabin Nabizadeh
July 9, 2015

Cases involving home invasion are becoming more and more common these days, but this story is particularly disturbing considering it involved a young girl.  On the 1200 block of Ranchero Way in San Jose, a 10-year-old girl happened to be at home when 2 men knocked at her door.  Unaware that they wished her any harm, the girl opened the door, allowing the men to force their way into her home.  There, one of them allegedly held a gun to her head while the other stole various pieces of valuable property, including cash.  The suspects remain at large.

In the state of California, there is a distinct difference made, by law, between the crime of ‘robbery’ and the crime of ‘burglary.’  In order for a particular violation of the law to be considered ‘robbery’ (CA Penal Code 211), property must be taken from a person, against their will, and from their immediate presence.  Force and fear must also have been used.  ‘Burglary’ (CA Penal Code 459), on the other hand, involves actually entering a building, vehicle, or room for the express purpose of committing a felony.

There are two different types of California burglary, first-degree and second-degree.  First degree (often referred to as ‘residential burglary’) is always treated as a felony offense.  Penalties include up to 6 years in state prison, and a strike under California’s Three Strikes Law.  A crime may only be considered ‘burglary’ if the perpetrators entered a structure that is inhabited, like the girl’s home above.  An inhabited structure is defined as any place where a person sleeps or lives.

latest news

February 21, 2023
Different Types of Domestic Violence in California

In California, there are different types of domestic violence. Unfortunately, domestic violence is far more common than many people realize, and it is critical to understand the different categories into which domestic violence might fall. For example, some people might be involved in physical abuse, while others may be in emotional or sexual abuse. Intimate […]

February 21, 2023
California Domestic Violence Classes

You probably realize your life has significantly changed if you have been charged and convicted of domestic violence. You may be facing punishment from the court system, but you might be able to mitigate that punishment if you are willing to take domestic violence classes. The reality is that the justice system focuses just as […]

January 27, 2023
How to Successfully Recant a Domestic Violence Statement

Domestic violence is a problematic situation. Numerous cases of domestic violence take place within a family unit. As a result, the legal process can be messy. In some situations, someone may accuse a family member of domestic violence, only to try to recant their statement later. What does this mean? How is a domestic violence […]