Difference Between Petty Theft, Burglary, Robbery and Murder

What is the difference between petty theft and burglary or burglary and robbery? The following is intended to illustrate the definition and elements of common crimes. It is based on a true story but has been modified.

J.W. was 17 ½ years old and had never been in trouble with the law. He was a good student in school, had a nice group of friends and he was making plans to attend college. His future was promising. One Saturday night J.W. asked permission of his parents to attend a party. His parents were reluctant but after coaxing from J.W., they begrudgingly agreed to allow him to go and told him to be home by midnight. When J.W. did not show up on time his parents began to worry and sensed something was wrong. When J.W.’s parents got the call at 2:00 am from the police that J.W. had been arrested, his parents were both relieved that he was OK and at the same time distraught. J.W. had been arrested for murder.

The party was a typical party. Sometime around 10:00pm, J.W. went with a few of others to get some more beer from the corner liquor store. When they arrived, J.W. realized that he was expected to help “acquire” the beer by acting as a lookout while some of the others steal the beer. Since none of his friends were old enough to buy beer, nor did they have enough money to do so, he was left with the option of either bowing out or helping his “friends” steal the beer. Since he wanted his friend to think he was “cool”, he chose to help steal the beer by acting as a lookout. This is known as an “aider and abettor”. Under California law, ‘All persons concerned in the commission of a crime,… whether they directly commit the act constituting the offense, or aid and abet in its commission,… are principals in any crime so committed.’ (Pen. Code, § 31; People v. McCoy (2001) 25 Cal.4th 1111)

In California, theft of an item valued under $950.00 is usually a petty theft (Pen. Code, §§ 484,488) which is a misdemeanor that carries a maximum penalty of 6 months in jail. However, if it were proven that he actually entered the premises with the intent to steal, he could have been charged with a felony burglary (Pen. Code, § 459) that carries a maximum term of up to 3 years in state prison. This issue became moot because while one of the boys stole the beer, the shopkeeper tried to retrieve it and one of the other boys pushed the clerk away. This use of force has now elevated the offense to a felony robbery, (Pen. Code, § 211) punishable by up to 5 years in prison had the incident stopped there. Additionally such a charge would result in J.W. never being able to seal his juvenile court record if one resulted. However, when one of the boys saw the clerk struggling with his friend, he panicked and pulled out a knife he was carrying (unknown to J.W.) and stabbed the shopkeeper to death.

All of the boys were arrested and charged with murder. The prosecutor sought to try the youth as adults. If you were the trier of fact under this scenario, should J.W. be convicted of:

1. Nothing
2. Attempted under age purchase of alcohol
3. Petty theft
4. Burglary
5. Robbery
6. Murder

Shep Z. from Los Angeles, CA practices Criminal Defense and Juvenile Law. He is a member of the Attorney Referral Service (ARS) of the San Fernando Valley Bar Association (SFVBA).

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