How to Differentiate Between Theft and Robbery Charges

  • SumoMe

Almost all of the people use the words robbery and burglary as synonyms. Many people even always associate the term robbery with burglaries. But from a legal viewpoint the robbery and Brevard County burglery charges have to be prosecuted differently. As the legal concept of these two terms varies, the offenses are also considered as different criminal charges.

Nevertheless both charges are thought of as state crimes, and prosecuted as per the laws of the precise legal jurisdiction. An act is considered as theft, when an individual steals the property or cash from another person by applying force or through the threat of force. So someone displaying a firearm and demanding your wallet in the street is a thief and not a burglar.

From an alternative perspective, an individual is regarded as a burglar, when he enters or breaks into a home or business without the acceptance of the owner, but with a clear aim to commit a crime. The term breaking in includes illegal entry into the building thru open window or unlocked door with a clear design to commit a crime.

While prosecuting the robbery or burglary charges, the government must prove the intention of the accused to commit a crime. The prosecution has to establish the desire of the accused beyond a reasonable doubt. In most situations, the jury can identify the false statements made by the accused denying his goal to take something.

Robbery charges are always prosecuted as a felony. In most states, the individual convicted of armed robbery is imposed with serious penalties than the penalties imposed for committing weaponless robbery. However, the robbery charges can be thought to be as a transgression or misdemeanor based primarily on certain circumstances and design of the accused. An individual can break into an occupied building to commit a petty burglary or enter into an occupied building to kill certain individual.

Stephen Mays has been practicing as a Brevard County Criminal Defense Attorney for years. One of his biggest areas of expertise is as a Brevard County DUI Attorney.

Be Sociable, Share!