Penalties for Theft In many states theft or larceny can be either a felony or a misdemeanor , depending on the value of the stolen property. Penalties for Robbery Because robbery involves force, it is often considered a more serious crime than theft.
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How long after arrest do I find out what the charges are? See All Common Questions. Related Products More. Criminal Law: A Desk Reference. Typically, minor shoplifting crimes are often perpetrated by young individuals with little experience in the real or criminal world. However, legal consequences and sentences usually correlate with the price of the item stolen.
Robbery is defined as the use or threat of force, or the infliction of bodily injury, in the course of committing or fleeing a theft. While robberies typically do not occur in stores, they are possible depending on the nature of the crime. Regardless, unlike shoplifting, a required element of robbery is the threat or actual engagement of violence as a means of stealing the property in question.
Like shoplifting, sentences for robbery charges usually depend heavily on the value of the property stolen; however, due to the violent element of a robbery charge, convicted defendants may be saddled with a felony conviction and significant prison time. Whether the defendant has been accused of robbery or shoplifting, it is critical to obtain a criminal defense attorney to fight against the included charges.
An experienced legal representative will not only attempt to create an adequate reasonable doubt for the charged, but also help ease the process for all parties involved. Main St. To commit a theft, the person must take property with the intent to permanently deprive the owner of it, at the time of taking.
A permanent deprivation means not intending to return the property ever or for such an extended period of time that it loses its value to the owner. Robbery Robbery, like theft, involves taking someone's property without the owner's consent, but it has some elements that theft doesn't require.
A person can only commit robbery by taking something from someone else. This includes taking property that someone else is holding or has on their person like money or a diamond ring , as well as taking property that is within the victim's control. Property within someone else's control includes, for example, property located in a safe that a convenience store employee can access.
Forcing a driver and passengers out of a vehicle under their control is another form of robbery, sometimes referred to as carjacking. States consider robbery a crime of violence, but that doesn't mean the victim has to suffer any type of physical injury. It's enough to commit robbery if you use any type of force or threat of force to take property from someone's person or under their control like in the store safe example.
Burglary Though burglary can involve theft, one doesn't necessarily have to take any property to be convicted of this crime.
In past years, burglary crimes most often targeted breaking into someone else's home or dwelling. Today, burglary laws are much broader. A person can commit burglary by unlawfully entering any structure , building, and sometimes a conveyance like a vehicle with the intent to commit a crime inside.
For purposes of burglary laws, a "structure" generally includes nonresidential buildings, offices, sheds, places of worship, warehouses, trailers, and even temporary structures such as tents. Some people mistakenly believe a destructive or forceful breaking like busting a door jam or window must occur in order to be charged with burglary, but that isn't the case.
A person can commit a burglary even if the only force used to enter a building is pushing open a door or slightly lifting an already unlocked and open window. Also, a person can be convicted of burglary even if they don't completely enter into a structure.
For example, lifting up a window and extending an arm, or an object, to take something from inside is enough to commit a burglary. Intent to commit a crime. A person can be convicted of burglary even without actually committing the intended crime.
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