What is a robbery and what is a theft?

California, United States of America


The following excerpt is from People v. Villegas, B203971 (Cal. App. 4/8/2009), B203971 (Cal. App. 2009):

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." (Pen. Code, 211.) Theft occurs when a person "feloniously steal[s], take[s], [or] carr[ies] . . . away the personal property of another[.]" (Pen. Code, 484, subd. (a).) To "feloniously take" property means the specific intent to deprive another of the property permanently, or temporarily for an unreasonable time so as to deprive the person of a major portion of its value and enjoyment. (People v. Avery (2002) 27 Cal.4th 49, 58; see also, CALJIC No. 14.03.)

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