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robbery vs. larceny

7041 Views 16 Replies 6 Participants Last post by  Mac45
Okay, let me start out by saying I understand that you should be aware of your surroundings and the firearm is a last resort, so I am not trying to debate that in this thread. I just wanted some opinions on robbery vs larceny



I always thought that if someone walked up to you and said "give me all your money", that was robbery. After looking at the definition of robbery again, robbery is larceny + the threat of violence. Does that mean that if someone walks up to you and says "give me all your money" but does not threaten violence or have a weapon or even touch you, then did they not "rob" you? It makes a big difference because larceny is not a forcible felony but robbery is. Robbery is cause for legally using deadly force to defend yourself, larceny is not.

If that is true that "give me all your money" w/o threat or a weapon is larceny and not robbery, would that then mean that you should tell the person to ": censored off" and wait for them to threaten you or assault you before deadly force would be authorized against them?

Again avoid the situation, I understand and I will try at all cost. I am simply wanting to remove all other variables and just talk about the questions above.

Thanks
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Okay, let me start out by saying I understand that you should be aware of your surroundings and the firearm is a last resort, so I am not trying to debate that in this thread. I just wanted some opinions on robbery vs larceny



I always thought that if someone walked up to you and said "give me all your money", that was robbery. After looking at the definition of robbery again, robbery is larceny + the threat of violence. Does that mean that if someone walks up to you and says "give me all your money" but does not threaten violence or have a weapon or even touch you, then did they not "rob" you? It makes a big difference because larceny is not a forcible felony but robbery is. Robbery is cause for legally using deadly force to defend yourself, larceny is not.

If that is true that "give me all your money" w/o threat or a weapon is larceny and not robbery, would that then mean that you should tell the person to ": censored off" and wait for them to threaten you or assault you before deadly force would be authorized against them?

Again avoid the situation, I understand and I will try at all cost. I am simply wanting to remove all other variables and just talk about the questions above.

Thanks
You'll know the difference when it happens to you.

Brownie
well that makes total sense. Now I feel stupid for asking the question. All I need to know is that I will gain insight when a crime is committed against me :doh
Oh ya, you'll gain much insight when a crime is committed against you, count on it :rolf

You can read all the books and all the posts you like, dissect and think things into oblivion mentally, but when it happens, the insight will come from the instincts you have.

Brownie
I can respect that but I also know that there have been many instances over time where a GG overreacted and ended up being the one in trouble. I am certain when SHTF then instinct takes over. But as with having knowledge and experience about how to USE your firearm, I believe that having knowledge beforehand about when you can and can not use a firearm to defend yourself is just as important. I THINK some peoples attitude is if they feel in fear then they will shoot and deal with the consequences later. Personally I never ever ever want to use my firearm and take the life of another but I certainly dont want to spend the rest of my life behind bars because I made the wrong decision. Especially when learning the laws before hand could have kept me from making the wrong decisions. That is why I want to arm myself with knowledge beforehand, hence the question I posed.

Thanks
Remember all the threads where people stated "hesitation will get you killed"? If you aren't on autopilot [ acting instinctively ] in the decision making process when it happens, you could very well take too long to decide [ hesitate ] a course of action.

In one, you stand the risk of over-reacting [ acting too soon ], in the other you stand the risk of being injured or killed for not acting soon enough. Your instincts should tell you when you need to use deadly force [ when your life is in imminent danger of death or great bodily harm ].

Your actions can and will be judged/dissected by people who have the luxury of time. It's a fact you can't ignore, but it's also a fact that you can't allow to determine your actions at the moment of truth.

The decision making process is measured in micro-seconds if you are "reacting" and behind the curve. You can extend this time by situational awareness, and to a lesser degree, avoidance.

As MPDC66 stated-- "The real danger is trying to compartmentalize everything into pat, black and white answers and actions."

As Mac45 stated-- "The reasonable man criteria always governs these situations. If the action of an individual would lead a reasonable man to the conclusion that he would be the vicitm of violent attack if he did not reliquish his property, then you have robbery."

Any over reaction usually accompanies an unreasonable fear and may be ruled on accordingly after the fact. It's been my observation that the more time spent in training of the physical skills, the more one then understands what they are capable of accomplishing [ a confidence in their ability ], and it's those who haven't the training who stand a better chance of over-reacting as they don't have the confidence in their ability to control their environment.

With that said, all the cerebral black and white thinking isn't going to help you one bit when the elephant presents itself.

Brownie
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