Burglary and Theft

101 11
Theft, burglary, robbery, and larceny are often described together. However, these closely related crimes have specific definitions and many legal differences. Theft is the overall term for any of the methods used to steal the money, property, or possessions of another party. Legally, it is the "specific intent to deprive someone else of their property on a permanent basis." Theft ranges in severity from shoplifting small items to embezzling millions of dollars. Larceny is the physical removal of tangible items through stealing. Standard theft means literally carrying property away from someone, such as shoplifting. Car theft is another example. Embezzlement happens when an employee steals money or property intended for a company or corporation for personal gain. Fraud is a form of theft that occurs when someone obtains money from an investor under false pretenses.

Burglary involves the illegal or unlawful entry into a building with the intention to commit a crime (such as theft) that is defined as a felony. To prove burglary, the prosecution must show that the defendant broke into a building, entered the building without consent, and intended to commit a felony or steal property. Even if the theft alone would only be a misdemeanor, the fact that the defendant broke into a building is what defines it as burglary. There are different degrees of burglary; first degree burglary usually implies that innocent people were in danger or that the burglary occurred at night.

In some cases of burglary, the defendant does not intend to steal anything. However, if they are planning to commit another felony such as kidnapping, it can be classified as burglary. Even if the defendant is interrupted before any felony occurs, the intent to commit the felony is still present and can be used against him. As soon as the defendant enters the building, it can be considered burglary. When burglary occurs with violence against homeowners, it is home invasion.

Robbery is different from theft because it involves the use of intimidation or force against the victims to steal their property. Armed robbery is when a weapon is involved.
Subscribe to our newsletter
Sign up here to get the latest news, updates and special offers delivered directly to your inbox.
You can unsubscribe at any time

Leave A Reply

Your email address will not be published.