This could also be worded “what are the definitions”. Anyway, I have a basic understanding of the three but I don’t have the dope on what would constitute each one specifically. Any help?
Thanks
duffer
The short version is … theft is taking, burglary is taking from a building by breaking in or being there illegally, robbery is taking from a person by force.
I’m sure someone will help out with common law definitions and something from Black’s Law Dictionary.
In Arizona, examples are…
13-1802. Theft; classification
A. A person commits theft if, without lawful authority, the person knowingly:
1. Controls property of another with the intent to deprive the other person of such property; or
2. Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant's possession for a limited, authorized term or use; *( etc. ... )*
13-1506. Burglary in the third degree; classification
A. A person commits burglary in the third degree by:
1. Entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein.
13-1902. Robbery; classification
A. A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will, such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property.
In AZ, most thefts (up to $2000) are prosecuted as misdemeanors while robbery and burglary are felonies.
CITE: AZ Criminal Code
Rob
P.S. there are a lot of versions of theft; I only included two.
Also, robbery is considered by the FBI to be a violent crime (along with murder, forcible rape, and aggravated assault). Theft and burglary are not.
So theft is taking anothers property, burglary is entering another’s residence or business with intent to commit theft, and robbery is taking something directly from a person with a threat of force?
Yes. Although your description of burglary is incomplete: at common law, burglary was the breaking and entering into a residence with intent to commit a felony therein.
Theft is a lesser-included offense of robbery. Theft is often - though not always - a LIO of burglary.
At common law, burglary only applied at night, although I don’t know of a ny jurisdiction that still has that limitation.
–Cliffy
Now that you mention it, I might not remember exactly but I think in Iowa “burglary in the night” used to be a more serious offence than just plain “buglary.”
What about “mugging”?
I don’t believe that “mugging” has a legal definition at common law, although it may be that various jurisdictions have legislatively created crimes with that name. IMO, what we refer to in daily language as mugging is no different than the legal definition of “robbery.” (Whereas in daily usage, robbery is often used to mean any type of theft.)
BTW, I think at common law what we’re referring to as theft is more properly “larceny”; that is, the taking of another’s property without their permission. (I’m sure there are more elements of larceny that I can’t remember now 'cuz I haven’t needed to know since I took the Bar.)
–Cliffy
Where does pickpocketing fall in this scheme? Is it simply theft or something worse?
I think pickpocketing would be simple larceny at common law, although I suppose it could be robbery. At common law, robbery is a bit broader than the code sections quoted above and includes any theft (larceny) when the theft is accomplished through battery or assault (aka, threat of battery), not just violence. While battery often refers to a violent touching, it can include any improper touching, even a non-violent one.
Actually, I’ve convinced myself – if the Crown wanted to, it could probably charge a pickpocketer with robbery, not mere larceny.
–Cliffy