THEFT AND ROBBERY
The crimes of theft and robbery can easily be confused because both involve taking someone else’s money or property. However, while theft and robbery share some characteristics, the offenses are quite different.
Theft is a crime against property, whereas robbery is a crime against a person. Robbery encompasses a theft (or attempted theft) plus force or intimidation. It is the use or theft of force that makes robbery, in most cases, the more serious crime.
What Is Theft?
Theft—called larceny in some states—is a broad term that can cover a wide variety of criminal offenses. For example, shoplifting and stealing a motorcycle are both forms of theft.
Defining Theft or Larceny
The typical elements of theft or larceny are a person taking someone’s money or personal property without permission carrying the property away, and intending to keep the property permanently.
While most people associate theft with taking property, the crime can also involve the stealing of services or even someone’s identity. Other common types of theft include fraud and embezzlement.
What Is Robbery?
Robbery refers to stealing or attempting to steal something from a victim by force or intimidation.
Definition of Robbery
The typical elements of robbery are someone taking money or property with the intent to keep the property permanently without the property owner’s consent by the use of force or intimidation front or in the presence of the victim. A robbery could involve a bank holdup, carjacking, or even a purse snatching.
Difference Between Robbery And Theft
Robbery and theft differ in several respects, but the key difference that makes robbery the more serious offense is the potential for physical harm to a victim.
Person vs. property offense.
As noted above, theft is a crime against property, whereas robbery is a crime against a person. This factor alone makes robbery more serious than theft.
Violent vs. nonviolent offense.
Both theft and robbery involve taking or attempting to take money or property without permission. But theft doesn’t involve violence, whereas the crime of robbery requires force or the threat of force.
Victim presence.
Robbery, unlike theft, entails taking property directly from or in the presence of a person, which places the victim in the path of direct harm.
Penalties
The penalties for theft and robbery reflect the potential for physical harm and violence to a victim. Robberies generally start as felonies, and a defendant convicted of robbery will likely see prison time. Thefts, on the other hand, can result in misdemeanor penalties. Even for felony theft, a person may potentially receive probation and spend little time behind bars.
