Picture this. Someone breaks into your house intending to steal valuables, but thankfully you aren't home when that happens. But what if that same person breaks in while you are home and threatens you while taking your personal property? Or what if someone swipes a bike you left unlocked by your house? In all these cases, you would be the victim of a crime, but would it be burglary, robbery, or larceny? These terms are wrongly used interchangeably but are not the same crimes and have different legal consequences.
For clarity, here are some examples.
RJ is an 18-year-old male who has been casing a house for two weeks. He knows when the occupants are away and that they always leave a backdoor unlocked. He intends to gain entry by using that back door, grabbing a nearby big-screen TV, and getting out as fast as possible. But the day he breaks in, he sees someone coming down the steps from the second floor. Scared, he flees empty-handed. Regardless of how RJ gained entry (such as an unlocked door or window, broken window pane, or picked lock), he has just committed a burglary in the first degree. Why? Because someone was in the house when RJ broke in. Even if RJ took nothing, used no force, or didn't encounter the victim, he would face charges of burglary in the first degree. If RJ had taken the TV without encountering the homeowner, he could also be charged with larceny.
Here's the same story with a different twist. What if RJ broke into the same house intending to steal the TV, but this time, he encountered no one? Because no one was present when RJ broke into the house, his charge would be a burglary in the second degree and potentially larceny.
In another example, if RJ broke into the residence and forced or threatened the person coming down the stairs while taking the TV and other valuables, RJ would have just committed a robbery in addition to the burglary first degree.
Lastly, if RJ stole the bike parked at the house without the knowledge or involvement of the owner, he could be charged with larceny.
What are the primary differences between these crimes? It comes down to whether the victim of the crime was present at the time of the burglary or the larceny. If the victim is not present, it will not be considered a violent crime, and the punishment will not be as harsh, but if they were present, it will most likely be considered a violent crime, and the punishment will be far greater.
Author - Laurie Einstein Koszuta
Brought to you by: Boeheim Freeman Law - 918-884-7791
Burglary and Robbery are serious crimes and carry potentially long prison sentences. If you have been accused of these crimes, you need an attorney who knows the law and has the experience to fight for your freedom. Let Boeheim Freeman Law's expertise in cross-examination, forensic evidence, and the rules of evidence make the difference in your case.