What is the difference between grand larceny and robbery

This designates larceny as a lesser-included crime. Due to this designation, robbery is prosecuted as a more serious crime than larceny. Additionally, robbery generally involves more serious criminal penalties. An example of a lesser-included crime within a greater crime would be larceny and robbery. Larceny is defined as the trespassory taking of the property of another with the intent to permanently deprive them.

This is done without their permission. Robbery, however, is defined as larceny committed through the use of force, intimidation, or threat of violence. Because of this, a person will be committing larceny if they commit robbery. However, they will likely only be charged with robbery due to the fact that it was the more serious crime.

Additionally, if a person only committed larceny, it would be impossible for them to also be charged with robbery.

Robbery is classified as a felony charge. This involves more serious legal penalties, such as criminal fines and a prison sentence of one year or longer. Alternatively, larceny is categorized as a misdemeanor crime. This generally involves lower criminal fines, unless the amount stolen is considered to be significant enough to raise the charge to a felony.

Misdemeanor crimes are punishable by a sentence of one year maximum in a county jail facility, as opposed to a state prison facility. Because the charges of robbery and larceny are so closely related to one another, they are often subject to the doctrine of merger in criminal sentencing.

Merger may occur when the defendant is charged with two different crimes. An example of this would be if the person attempted to commit larceny on one person, and then pulled out a gun and committed robbery on that same victim. In such a case, the judge could essentially merge the charges into one charge. The lesser charge in this example, larceny or attempted larceny will commonly be merged into the more serious charge, which would be robbery.

The defendant will most likely be subject to the sentence and criminal penalties for the more serious crime, as opposed to the sentences for both crimes. Merger laws vary greatly from state to state. In such criminal trials, the presiding judge often has a large amount of discretion regarding the decision of whether to merge charges.

Often, the crime involves money, physical goods, or any other movable object, but some states have expanded theft offenses to include stealing intangible property such as interest in stock.

When committing theft, the thief acts against the owner's interests. Taking an object with the owner's permission is not theft unless the person uses deceit or trickery to gain control over the item. For example, if your friend gives you her bicycle because you asked to borrow it, this isn't theft. However, it is theft if you ask to borrow the bicycle and intend not to return it. To commit a theft, the person must take property with the intent to permanently deprive the owner of it, at the time of taking.

A permanent deprivation means not intending to return the property ever or for such an extended period of time that it loses its value to the owner. Robbery Robbery, like theft, involves taking someone's property without the owner's consent, but it has some elements that theft doesn't require.

A person can only commit robbery by taking something from someone else. This includes taking property that someone else is holding or has on their person like money or a diamond ring , as well as taking property that is within the victim's control. Property within someone else's control includes, for example, property located in a safe that a convenience store employee can access.

Forcing a driver and passengers out of a vehicle under their control is another form of robbery, sometimes referred to as carjacking. States consider robbery a crime of violence, but that doesn't mean the victim has to suffer any type of physical injury. It's enough to commit robbery if you use any type of force or threat of force to take property from someone's person or under their control like in the store safe example. Burglary Though burglary can involve theft, one doesn't necessarily have to take any property to be convicted of this crime.

An aggravated robbery is a robbery that meets the same criteria listed above, but that: causes serious bodily injury to another; uses a deadly weapon; or causes injury or threatens to cause injury to a person who is disabled or over 65 years of age. In Texas, aggravated robbery is a first-degree felony.

Grand Larceny Larceny is another term for theft. Embezzlement in Texas Finally, embezzlement is the third type of theft crime in Texas. Intent to commit another crime besides the unauthorized entry of the structure. The criteria involving intent to commit another crime is often sufficiently satisfied with the unauthorized entry of any structure. The suspect does not have to attempt or actually commit the other crime. The victim is the rightful possessor of the property that is taken without permission, but the victim may not necessarily be the owner of the property.

In this case, the suspect is taking property in control of the victim. There are two victims in this case. The possessor of the property would be classified as a witness or reporting party of the crime.

Property taken in a burglary may not belong to the owner or resident of the structure, but the resident would be the victim of burglary because they were in possession of the property that was under their roof at the time of the theft. If the owner lends property to a borrower. If the borrower takes the property again at a later time, he may not be prosecuted as theft because of the arguable perception of borrowing. However, if the borrower fails to return the property once the owner asks for it back, the borrower is now a suspect for petty or grand theft depending on the threshold value.

Force used during a robbery will usually be defined more than what is necessary to remove the property and then the asportation describing the carrying off of property. If the victim resists the loss of their property from a theft, burglary, or larceny, there must be additional force to overcome resistance, no matter how slight to make the crime a robbery.