robbery vs. larceny

7040 Views 16 Replies 6 Participants Last post by Mac45, Sep 4, 2009

Glock23-4-Me

Discussion Starter · Sep 4, 2009

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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T.S.

· #11 · Sep 4, 2009

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?

Where did you get that definition of Robbery?

According to the Florida Statutes, the definition of the crime of Robbery includes the term " or putting in fear ".

Thus if someone approaches you, and demands " give me all your money " in a threatining manner, that would constitute putting you in " fear " and thus cause the act to be a Robbery.

The difference between Theft ( Larceny ) and Robbery according to the Florida Statutes is:

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0812/SEC014.HTM&Title=->2009->Ch0812->Section%20014#0812.014

812.014 Theft.--

(1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:

(a) Deprive the other person of a right to the property or a benefit from the property.

(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0812/SEC13.HTM&Title=->2009->Ch0812->Section%2013#0812.13

812.13 Robbery.--

(1) "Robbery" means the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.

(2)(a) If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If in the course of committing the robbery the offender carried a weapon, then the robbery is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) If in the course of committing the robbery the offender carried no firearm, deadly weapon, or other weapon, then the robbery is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) An act shall be deemed "in the course of committing the robbery" if it occurs in an attempt to commit robbery or in flight after the attempt or commission.

(b) An act shall be deemed "in the course of the taking" if it occurs either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events.

As far as using deadly force against a " Theft " or a " Robbery " :

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0776/SEC08.HTM&Title=->2008->Ch0776->Section%2008#0776.08

776.08 Forcible felony.--"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

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T.S.

· #14 · Sep 4, 2009

Glock23-4-Me said:
http://www.merriam-webster.com/dictionary/robbery
: larceny from the person or presence of another by violence or threat

guess I should have looked through the statute for the definition

Thanks TS

( 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

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