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Sunday, September 28, 2014

Theft v. Robbery



In everyday language, theft and robbery are used interchangeably. People do not pause to think about the differences between them. Sometimes, misusing the words can cost them insurance money, or it may lead to an unsuitable punishment. Legally, theft and robbery are very different and call for different punishments.

Theft
“Theft” refers to any action which involves taking any kind of property from someone without their knowledge with the intentions of depriving that person of the property permanently. Legally, “theft” and “larceny” are synonymous. It depends on and differs in each jurisdiction and from one state to another. One should know that larceny and theft might not be covered by many insurance policies.

Theft includes embezzlement and fraud. “Embezzlement” refers to an employee diverting money from the company or the money of some other employee for his personal use. “Fraud” refers to the use of tricks to take away someone’s property permanently. “Theft” also includes property damage, crimes against property, arson, mugging, looting, shoplifting, etc. “Larceny” is specifically taking any object belonging to a person and depriving him of it permanently.

Theft is usually prosecuted by the State. Sometimes when the interstate economy is affected, the federal government might take up the case. Theft is considered a misdemeanor or felony depending upon the monetary value of the object or property taken.

Robbery
“Robbery” refers to taking anything valuable from another person by using threats, force, and intimidation. It may be any form of violence. The main thing about robbery is the presence of a victim. A “holdup” and a “stickup” are the most common kinds of robbery.

Robbery is a felony, but it has different degrees or classes. Again, the degree is decided according to the laws of each state which are different. It depends upon the facts whether an accomplice was present or not, whether a weapon of some kind was used, the amount of violence used, etc.

“Aggravated robbery” refers to the presence of a deadly weapon or making the victim believe that a deadly weapon is present. Class E felonies refer to physical assaults or threats to use an assault without the presence of a weapon. They are punishable for up to 15 years in prison. Class C felonies refer to the use of weapons and are punishable up to 40 years in prison. In all the felony charges, years of punishment are added if the suspect has prior convictions.

Summary:
1)    “Theft” refers to any action which involves taking any kind of property from someone without their knowledge with the intention of depriving that person of the property permanently while “robbery” refers to taking anything valuable from another person by using threats, force, and intimidation.
2)    Theft does not involve the presence of a victim while robbery involves the presence of a victim at the time of the robbery.
3)    Theft does not involve the use of deadly weapons while Class C felonies and aggravated robbery involve the presence of a deadly weapon.

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