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robbery vs. larceny

7038 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.

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Robbery is the involuntary removal of personal property from a person using force or the threat of force. Simply saying give me all your money, does not constitute robbery. The person demanding the money must make an overt threat or implied threat of violence against the victim if the money is not forthcoming, for a crime of robbery to occur. Simply asking for money is not a crime. The homeless panhandler has to actively threaten you while demanding money or property for a crime of robbery to occur. Otherwise it is merely a niusance.

As to force, the force has to be forceful and directed against your body or to property in direct contact with your body [sudden snatching] in order to have the crime of robbery. Grabbing your purse or any other object off a counter, table, chair, car top, etc., is a theft, not a robbery. Striking, shoving or grappling with you in order to force the release of your property would make it a robbery.

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. That is what Brownie meant when he said you'll know you are being robbed when it happens.

I hope that helps.
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( Phew ) Boy, I thought I was missing something in the Florida Statutes, and I was going to have you email me what I was missing ... :drinks :D
Florida statute substitutes the term "theft" for "larceny" when referring to the taking of property and services, that's all.:thumsup
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