Robbery refers to a specific form of felony theft. It is generally defined as the taking of property from another person by the use of force, intimidation, or the threat of force. State laws may vary in terms of exact definitions of robbery. An example of this would be how in some states, the use or threat of force does not actually need to be directed at the intended victim.
It should be noted that robbery is often confused with burglary, which is defined as the breaking in and entering of a structure, with the purpose to commit a crime within the premises. If an act of robbery is committed with the use of a firearm or other weapon, it could constitute armed robbery. This often results in a more severe penalty.
As previously mentioned, each state maintains different criminal laws and penal codes when defining the elements of a robbery charge. Generally speaking, the elements of proof for robbery consist of:
- The taking and carrying away;
- Of the personal property of another;
- From their possession or in their presence;
- Against their will; and
- By force, fear, violence, intimidation or threat of force.
In order to be found guilty of robbery, all of these elements must be proven beyond a reasonable doubt in a criminal court of law. If any element cannot be proven, the person may avoid being convicted of robbery.
How Is Larceny Defined?
Felony larceny refers to another specific type of felony theft crime besides robbery. In most jurisdictions, larceny will be defined as the “unlawful taking and carrying away of the property of another person, with the intent to permanently deprive them of its use.” Because of this, larceny charges are very similar to robbery charges.
Larceny is most commonly categorized as a misdemeanor charge. However, larceny crimes may be enhanced to felony charges in some jurisdictions under specific circumstances. One such circumstance would be if the property stolen is above a certain amount, usually valued in the thousands of dollars. Felony larceny is sometimes referred to as grand theft.
What Is the Difference between Robbery vs. Larceny Charges? What Is an Example of a Lesser-Included Crime?
Robbery and larceny are commonly both categorized as theft crimes. However, the two crimes are notably different from each other. The main difference is that robbery is generally defined as: the unauthorized taking of another’s personal property from their presence, with the use of force or threats of serious bodily injury, and with intent to permanently deprive them of the object. In comparison, larceny is defined as the unauthorized taking of another person’s property with the intent to permanently deprive them of the use of the property.
To put it simply, the basic difference between robbery and larceny crimes is that robbery involves the use of force, whereas larceny doesn’t. This designates larceny as a lesser-included crime. Due to this designation, robbery is prosecuted as a more serious crime than larceny. Additionally, robbery generally involves more serious criminal penalties.
An example of a lesser-included crime within a greater crime would be larceny and robbery. Larceny is defined as the trespassory taking of the property of another with the intent to permanently deprive them. This is done without their permission. Robbery, however, is defined as larceny committed through the use of force, intimidation, or threat of violence. Because of this, a person will be committing larceny if they commit robbery.
However, they will likely only be charged with robbery due to the fact that it was the more serious crime. Additionally, if a person only committed larceny, it would be impossible for them to also be charged with robbery.
How Does Sentencing Different for Robbery vs. Larceny?
Robbery is classified as a felony charge. This involves more serious legal penalties, such as criminal fines and a prison sentence of one year or longer. Alternatively, larceny is categorized as a misdemeanor crime. This generally involves lower criminal fines, unless the amount stolen is considered to be significant enough to raise the charge to a felony.
Misdemeanor crimes are punishable by a sentence of one year maximum in a county jail facility, as opposed to a state prison facility. In general, felony charges such as robbery are more difficult to have removed from one’s criminal record later on.
Because the charges of robbery and larceny are so closely related to one another, they are often subject to the doctrine of merger in criminal sentencing. Merger may occur when the defendant is charged with two different crimes. An example of this would be if the person attempted to commit larceny on one person, and then pulled out a gun and committed robbery on that same victim.
In such a case, the judge could essentially merge the charges into one charge. This would result in fewer charges on the person’s criminal record, and a potentially overall lesser sentence. The lesser charge (in this example, larceny or attempted larceny) will commonly be merged into the more serious charge, which would be robbery. The defendant will most likely be subject to the sentence and criminal penalties for the more serious crime, as opposed to the sentences for both crimes.
Merger laws vary greatly from state to state. In such criminal trials, the presiding judge often has a large amount of discretion regarding the decision of whether to merge charges. Mergers largely depend on the facts of each individual case, as well as the background of the criminal defendant involved in the case. An example of this would be if they have a history of theft charges on their record.
Are There Any Legal Defenses That Apply to Robbery or Larceny?
There could be several legal defenses available to theft charges. Such defenses would depend on the circumstances of the case, as well as state laws. An example of this would be how mistake is a common defense for larceny. If the defendant believed that the property was theirs at the time of the theft, that could serve as a defense to their crime.
Some examples of other defenses that are commonly available for larceny charges include:
- Intoxication;
- Coercion; or
- Consent, meaning the defendant had permission from the plaintiff to take the item.
Alternatively, robbery can be the more difficult charge to defend against. This is due to the aspect of physical force or threats of harm. However, a skilled attorney can examine the facts of the case in order to determine which defenses are available to the defendant in a robbery case. Such defenses are similar to the defenses raised in larceny, and can also include coercion.
Should I Hire a Lawyer for Help With Robbery or Larceny Charges?
If you are facing charges for robbery and/or larceny, you should speak with a local criminal lawyer as soon as possible. An experienced local criminal lawyer is best qualified to help you understand your state’s specific laws regarding the charges brought against you, and how those laws could affect the outcome of your case.
An experienced criminal lawyer can also determine whether any legal defenses are available based on the details of your specific circumstances, and help you assert those defenses. Finally, an attorney can also and represent you in court, as needed.
