Lois & Clark Forums Forums Fan Fiction Fanfic Related FFQ: Name that crime--US style

If an object worth a lot of money is stolen it's called grand theft. If an object worth a pittance is stolen it's called petty larceny. Is there such a crime as petty larcenty with a deadly weapon or by using a deadly weapon does it get bumped up to a more serious crime?

Elisabeth
who thankfully has never been accused of such a crime

Ask OJ?

Carol
[who ducks and runs *eg*]

Not sure, but I believe Assault With A Deadly Weapon is its own crime. So if you mugged someone and got pocket change, you could be charged with petty theft/larceny and assault with a deadly weapon. You'd most likely be charged with (and possibly sentenced for) both crimes at the same time.

Oooh, ooh, law question! (1L here {g}). Warning: None of the following can be construed as official legal advice. I'm not a licensed attorney (yet). :p

Larceny - taking and carrying away the goods of another, without the latter's consent and with the felonious intent to permanently deprive the owner of his property. Often by fraud or stealth.

Grand Larceny - when the property value exceeds a specified amount (established by statute in the jurisdiction).

Compound larceny - ordinary larceny aggravated by taking from one's house or person.

The whole theory behind larceny is that it's something taken by fraud or stealth.

Robbery, on the other hand, is the felonious taking of money or goods of value from the person of another or in his presence, against his will, by force or by putting him in fear.

So from what I can tell, the weapon changes the offense from larceny to robbery.

But I can ask my crim law professor tomorrow to be certain.

Bethy (who, pathetically enough, can recite the dictionary definition for burglary from memory...oy)

(It's the breaking and entering of the dwellinghouse of another, at night, with the intent to commit a felony therein, in case you were curious. And no, the felony doesn't have to be stealing, which is what I used to think burglary was.)

So Bethy, just curious... Is 'robbery' the day time term while 'burglary' is the night time term?

Or because 'burglary' is only a felony occurring, not necessarily a theft, that makes them different...right?

It's interesting that 'burglary' has to happen at night to be termed as such... Hmm...

~Anna.

Anna,

Nope, robbery is purely to do with stealing. However, robbery is (usually) a felony. So if you break into a place with the intent to rob it, then the robbery can count as the 'felony therein' to make the breaking and entering constitute burglary.

Basically, burglary can only be done with breaking and entering (which requires a building). It doesn't matter which felony they intend - arson, rape, grand theft auto, etc.

And originally, it was at night. That's the rule. But (as far as I know...so far...) courts realized the silliness of that. Some have changed it to get rid of the nighttime requirement, some have created a new 'daytime burglary' definition.

Again, this is just random info I've gleaned from class/law dictionaries. I haven't done major research on it. And I'm a 1L. So I could be wrong. Any upper class students/full lawyers who want to contradict, feel free.

Bethy

So what's a 1L? A first-year law-student?

Elisabeth
who appreciates any help she can get knowing how bright the readers on this board are

Elisabeth,

Yes, a 1L is a first-year law student. A 2L is second year, and a 3L is third year. And then you graduate and freak out at the bar...erm, I mean, about taking the bar. And then you become a lawyer. In theory. I just started this fall, so I haven't even completed one full semester yet. But I've learned lots of stuff, like the common law definition of burglary.

Bethy

OK, let me try to summarise this page

All of the below involve the taking of property (against the will of the owner),


Robbery- Involves the owner fearing for their physical safety due to threat of violence or the presence of a weapon

Burglary involves breaking into some sort of property: basically Trespass and Theft...... presumes that presence on the property is also against the will of the owner....... (house, office, apartment, caravan....
would this include stuff taken from inside cars (i.e. if the car is broken into without itself being taken?)


Larceny- involves fraud and/or stealth
Grand Larceny would be Ocean's Eleven etc.
and (plain) larceny would be a con artist taking smaller amounts... can't think of any examples, but perhaps a person being given permission to enter the house of someone, then taking possessions without permission (and without the break and enter scenario)