Robbery?

[JoeP]

deleted by author

[Redsoxlover]

They tried to but only broke the glass front door, didn't get anything.

[VitaBene]

Hi, I am not rtrying to nitpick but we have to be careful when interchanging these two crimes- robbery and burglary.

Robbery is taking something through force or intimidation where burglary is the act of stealing something usually using stealth or cover of darkness. Legally there is a big difference. I guess I would like to think that there is little crime in Moultonberry and if there is some would like it to be characterized as somewhat minor!

[gioia7]

You are correct Vita. There is a difference. Let me see if I can remember from law school.

None of the following comments are legal advice, merely the opinions of the author. (Got to love the disclosure)

The original common law definition of Burglary is "the breaking and entering of a dwelling of another at night time, with the intent to commit a felony, whether the the felony is committed or not."

Today, this definition is still true, except for the "night time" phrase. Performing the crime at night is not as relevant, it is still considered Burglary in the day.

Whereas, Robbery is "the taking of the property of another, with the intent to permanently deprive a person of that property, with the use of force or fear (intimidation)." Many versions and degrees of Robbery / theft crimes exist at the state level, which I will not distinguish.

The key to Burglary and what can make it less of a crime in my opinion is with the "intent to commit a felony" phrase. This could mean, though not likely, a person breaking into a home with the intent to commit check fraud has committed Burglary. On the other hand, Robbery is usually very personal, meaning that you are robbing someone’s person, not house. This can get really scary because people are being directly violated. In a Burglary the person may not even be home. Don't get me wrong, I am not playing down Burglary, in most instances it is a serious and scary situation.

The following was to justify my law degree.

See you next weekend Vita.

[ApS]

Originally Posted by gioia7

"...Don't get me wrong, I am not playing down Burglary, in most instances it is a serious and scary situation..."

Robbery requires that "the element of fear" is used against the victim: A finger pointed at a bank teller—hidden inside a purse or jacket—is sufficient for the element of "fear", and the charge of Robbery.

If you are asked for your wallet—and you comply—no Robbery has taken place! (That's Larceny, with far-fewer penalties than for Burglary or Robbery.

Burglary is a Felony in most states. (Felony=punishable by 1 year+ in jail).

Burglary at night has been nicknamed a "cat-burglary", and can occur whether the residents are home or not.

If a burglar (or robber) causes the "incidental or accidental death" of a resident (through fright, heart condition, falling downstairs, or other circumstance), some states will charge the felon with Felony-Murder, a far more serious charge than simple Burglary or Robbery.

Felony-Murder has even been applied to the "getaway driver".

[Argie's Wife]

Is the first post the thing that was stolen?

It was there.... now it's GONE!

[SIKSUKR]

Originally Posted by Argie's Wife

Is the first post the thing that was stolen?

It was there.... now it's GONE!

Perhaps,but was it robbed or burglarized?

[beaner]

Originally Posted by Acres per Second

Robbery requires that "the element of fear" is used against the victim...

Not necessarily. The robbery statute requires fear OR physical force. For example, a grab-from-behind purse snatching would be considered a robbery even if no threats were made, or if the crime happened so quickly that the victim didn't have time to be in fear.