Robbery vs Larceny vs Burglary
What is the Robbery vs Larceny vs Burglary?
Larceny is the trespassory taking and carrying away of another's property with intent to permanently deprive. Robbery adds force or threat of force. Burglary is the unlawful entry into a structure with intent to commit a crime inside.
Definition
Larceny, robbery, and burglary are three distinct property crimes that are frequently confused on exams. Understanding their elements and differences is essential for criminal law analysis.
Larceny is the trespassory taking and carrying away (asportation) of the personal property of another with the intent to permanently deprive the owner of it. The taking must be without consent or beyond the scope of any consent given. The intent to permanently deprive must exist at the time of the taking (continuing trespass doctrine aside). Larceny by trick occurs when the defendant obtains possession through fraud, while false pretenses involves obtaining title through deception. Embezzlement involves misappropriation by someone already in lawful possession.
Robbery is essentially larceny accomplished by force or the threat of imminent force against the victim. It requires all the elements of larceny plus the use of force or intimidation and the taking from the victim's person or presence. The force must be used to accomplish the taking, not afterward. Even slight force may suffice, such as snatching a purse from a resisting victim, but pickpocketing without the victim's awareness is larceny, not robbery. Robbery is a crime against both property and the person, which is why it is graded much more severely.
Burglary at common law was the breaking and entering of the dwelling house of another at nighttime with the intent to commit a felony therein. Modern statutes have substantially expanded the definition by eliminating the nighttime requirement, expanding beyond dwellings to include any structure or building, and in some states requiring only unlawful entry rather than a breaking. The key distinguishing feature is that burglary is about unlawful entry with criminal intent, regardless of whether the intended crime is completed. Burglary is a crime against habitation, not property.
Key Elements
- 1Larceny: trespassory taking and carrying away of another's personal property with intent to permanently deprive
- 2Robbery: larceny plus force or threat of imminent force, from the victim's person or presence
- 3Burglary (common law): breaking and entering of a dwelling at night with intent to commit a felony inside
- 4Burglary (modern): unlawful entry into a structure with intent to commit any crime inside
- 5Each crime protects different interests: property (larceny), person and property (robbery), habitation (burglary)
Landmark Cases
People v. Estes
147 Cal. App. 3d 23 (1983)
Held that force used to retain stolen property immediately after the taking can elevate larceny to robbery
Topolewski v. State
130 Wis. 244 (1906)
Addressed the trespassory taking requirement of larceny, holding that property placed for the defendant to take lacked the required trespass
People v. Gauze
15 Cal. 3d 709 (1975)
Held that a person cannot commit burglary of their own home, as there can be no unlawful entry
Rex v. Chisser
T. Raym. 275, 83 Eng. Rep. 142 (1678)
Early case establishing the doctrine of larceny by trick as distinct from obtaining property by false pretenses
Exam Tips
- Create a clear chart distinguishing the elements: larceny is the base, robbery adds force, burglary focuses on unlawful entry with intent
- For robbery, focus on whether force was used to accomplish the taking or merely after the crime was complete
- For burglary, note that the intended crime need not be completed; the crime is complete upon entry with intent
- Distinguish larceny from embezzlement (lawful possession converted) and false pretenses (title obtained through deception)
Common Mistakes to Avoid
- Treating robbery as any theft involving a weapon; robbery requires force or threat directed at the victim during the taking, regardless of whether a weapon is used
- Assuming modern burglary still requires nighttime or a dwelling; most modern statutes have eliminated these common law requirements
- Confusing larceny, embezzlement, and false pretenses; the key distinction is how the defendant initially obtained the property
Memory Aid
"Take, Take by Force, Break and Enter" -- Larceny (take), Robbery (take by force), Burglary (break and enter with intent)