QUESTION

What is the difference between theft and robbery?

Asked on Jan 09th, 2015 on Criminal Law - Georgia
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11 ANSWERS

Jacob P. Sartz
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. You have a right to counsel. Under Michigan law, generally speaking, most robbery charges have an assault and/or battery component which distinguishes them from theft offenses. Say, hypothetically, a person fights a loss-prevention officer or cop, without a weapon, while they try to escape after shop-lifting a few small items from a store. They will probably face much more serious charges than someone who does not fight anyone. The original act, i.e., shoplifting a few small items, would have been either a retail-fraud third degree or retail fraud second degree, two theft offenses and misdemeanors, if the alleged defendant did not assault anyone. However, if they allegedly assault and/or batter someone before, during, or after the alleged theft, this combination of theft and assault and/or battery may escalate the charges to unarmed robbery, a felony punishable by up to fifteen years in prison. MCL 750.88 contains the language for the unarmed robbery charge, and it notes "Any person, not being armed with a dangerous weapon, who shall assault another with force and violence, and with intent to rob and steal, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 15 years." They key here is the assault and/or battery component. In contrast, the general larceny statute, MCL 750.356 (1), notes "A person who commits larceny by stealing any of the following property of another person is guilty of a crime as provided in this section:" Theft offenses do not usually contain this assault/battery element. In other words, robbery charges are usually more serious and contain elements of a assault and/or battery in comparison to theft offenses.
Answered on Feb 16th, 2015 at 5:52 AM

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Bernell D. Daniel-Weeks
Common law robbery is the taking of the personal property of another with the intent to permanently deprive that person it with the use of force. The person would be guilty of a felony The definition of larceny is the same as robbery and does not include the use of force with the taking. A larceny can be a misdemeanor or felony depending on the facts.
Answered on Jan 13th, 2015 at 5:32 PM

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Theft is typically taking something something that is not your with an intent to make it your permanently, whereas robbery involves the use of force or violence in some manner.
Answered on Jan 13th, 2015 at 7:32 AM

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Theft is taking something that doesn't belong to you. For example, stealing from a car in the middle of the night when no one is around. Or breaking into someone's home while they are on vacation. Robbery is taking something that doesn't belong to you from or in front of the person. For example, you mug a guy on the streets and take his wallet. Or the person sees you actually taking things from their home.
Answered on Jan 13th, 2015 at 2:00 AM

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Alexis Anne Plunkett
In Nevada, robbery is the taking of property from another with violence, force or the threat of injury. Theft includes none of those elements and can be something as simple as shoplifting a candy bar.
Answered on Jan 12th, 2015 at 11:46 AM

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Federal Criminal Law Attorney serving Fresno, CA at Mark A. Broughton, PC
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Theft is the taking of any property belonging to another. It could be a car, money, anything of value. A robbery is theft of the person with the use of force. Theft requires no force or that the property be taken in the presence of the owner or any other person. Robbery does and is a much more serious offense.
Answered on Jan 12th, 2015 at 11:39 AM

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James Edward Smith
Robbery involves forex when stealing. Theft is just stealing.
Answered on Jan 12th, 2015 at 11:34 AM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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The use of force or the threat of force in a robbery.
Answered on Jan 12th, 2015 at 11:34 AM

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Theft is the simple stealing of property. Robbery is forcibly stealing property. The force may be the use of actually force, or the threatened use of immediate force.
Answered on Jan 12th, 2015 at 10:27 AM

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Sex Crime Attorney serving Salt Lake City, UT at Jefferson and Biggs
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Normally it's use of force. But you can look up the specific crimes and compare their elements.
Answered on Jan 12th, 2015 at 10:25 AM

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Criminal Defense Attorney serving Watkinsville, GA
Partner at Wiltshire Defense
Robbery involves the use of force or threat of force while committing an act of theft.
Answered on Jan 12th, 2015 at 10:24 AM

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