Criminal Law Contents. Elements of Robbery The crime of robbery involves 1 the taking of the property of another 2 from his or her person or in their presence 3 by violence, intimidation or threat 4 with the intent to deprive them of it permanently. Criminal Law. Aggravating and Mitigating Factors in Criminal Sentencing.
Restitution for Crime Victims. Receiving Immunity for Testimony in a Criminal Case. Classification of Criminal Offenses. Drug Crimes. Criminal Attempt, Conspiracy, and Aiding and Abetting. Federal Crimes, Cybercrimes, and Juvenile Crimes. Auto Theft. Traffic Offenses. Violent Crimes. White Collar Crimes. Alcohol Crimes. Parole and Probation. Expungement and Sealing of Criminal Records. Offenses Included in Other Crimes.
But the offense usually has the following elements:. In the past, most states defined burglary as forcibly breaking into another person's home at night. Today, though, burglary statutes are generally much broader. Normally, someone can commit burglary by simply entering any type of building without permission at any time of day while intending to commit a crime once inside.
As you can see above, robbery and burglary have distinct elements. For instance, one crime doesn't have to involve a building, while the other does. Below are a couple other key differences. Although burglary often involves theft , a person doesn't have to steal anything to be convicted of the crime. Robbery, on the other hand, almost always involves theft—the defendant takes or tries to take something from the victim. Under many burglary laws, the intended crime must be a felony or some form of theft, but some states say that a person who enters a building without permission and intends to commit any crime inside is guilty of burglary.
For instance, illegally entering a building with the intent to commit an assault can be the basis for a burglary conviction. Burglary and robbery also differ when it comes to the use of force. Force, whether against a person or to get into a building, generally isn't required for a burglary conviction. Robbery, though, necessarily involves the use of force—or at least intimidation—against another person. In order to be convicted of robbery, someone must use violence or the threat of violence to take something of value directly from another.
For example, suppose a man armed with a knife demands money from a gas station attendant and then runs away with the cash. The man has just committed robbery because he used the threat of force to steal money directly from the victim. As with the definitions of robbery and burglary, penalties vary by state.
Generally, though, both are considered serious crimes and convictions can result in stiff punishments. Most states divide robbery and burglary offenses into degrees of severity, depending on factors such as whether a weapon is involved or the crime results in someone getting hurt. In most states, robbery is always a felony. A robbery conviction can result in significant prison time and hefty fines, especially if the crime involves a weapon.
As with robbery, in most cases burglary is a felony. State laws tend to divide burglary into different levels of seriousness, depending on such factors as:. Again, criminal statutes and penalties can vary widely by state. For more information on burglary and robbery, and to learn about the laws in your area, consult an experienced criminal defense attorney. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Please contact ADT. Call Now. When Do Most Burglaries Occur? Joe recalled a memorable situation from his time as a door-to-door salesman.
When do most burglaries take place? Most home burglaries occur between 10 am and 3 pm. More burglaries occur in the summer months than in the winter months. Who is a typical home invader? Most intruders live within two miles of the victim Burglars are often opportunistic. Most burglars are male and under the age of 25 According to the study conducted by JSU, most burglars are young and male. How to tell if a burglar is watching your house? Be especially wary if you see any strangers taking photos outside your home.
It also involves them trying to find out if you have any valuables that may make it worth their while to try to rob your home. Also be aware of people who may try to pose as a door-to-door salesperson or claim to be with a utility company in order to gain entry to your home. What items do intruders target?
What kind of items do intruders typically target? Where do burglaries typically take place? Homes without home security systems are three times as likely to be broken into. Low visibility from the street is an ideal situation for an intruder. High grass or shrubs, fences and trees offer cover for a would-be burglar, making it easy for them to observe your patterns or hide out until you leave. When it appears as though someone is home, burglars often avoid attempting a break-in.
Good lighting is a burglar deterrent.
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