As with most criminal defense cases, it can be difficult to know the differences between the types of offenses you are being charged with. Even more difficult still are the subtle differences between the degrees of these offenses. Two such offenses that involve theft are larceny and robbery. Here is a closer look at how New York law defines each and what sets them apart from each other.
Larceny: Defined
According to New York law, larceny is defined as any of the following:
- Stealing property with the intent to deprive another of that property or appropriate it to oneself or a third person, keeping it from the actual owner
- The wrongful taking, obtaining, or withholding of property in any of the following ways:
- Through taking while trespassing or common-law larceny by embezzlement, trick, or false pretenses
- Through keeping lost property without the property’s owner knowing
- Through issuing a bad check
- Through false promise, that is through scheming to defraud another
- Through extortion, in which a person surrenders property/possessions out of fear from another who threatens any of the following:
- Physical harm
- Damage to property
- Other criminal conduct
- “Framing” another person of a crime
- Exposing secrets about that person
- Doing something to harm someone’s business
- Manipulating testimony in a court case relevant to the victim
- Abuse of role as a public servant
- The threat of other acts that may do harm to the person who possesses the property
Robbery: Defined
Robbery is defined by New York law as the forcible stealing of property in the course of committing larceny when using or threatening to use physical force against another person. Usually, the robbery involves preventing the property from being given back through force or causing the person who owns the property to relinquish possession of the property by force to aid in the act of larceny.
What Are the Differences Between Larceny and Robbery?
Per New York law, a person can commit larceny without committing robbery, but he or she cannot commit robbery without committing larceny. Robbery only occurs when someone uses force to steal something from another person whereas larceny occurs when someone can use other means to steal from someone in addition to robbery. In that sense, you can be found guilty of larceny with an additional count of robbery depending on the circumstances of the theft.
Contact a Brooklyn Larceny Defense Attorney
Theft crimes, including robbery, larceny, and burglary, are serious offenses that require a strong defense strategy on your behalf in the courtroom. That is why you must retain skilled legal representation from a knowledgeable and experienced Bronx robbery defense lawyer. Call JOEY JACKSON LAW, PLLC today at 833-563-9522 to review your case and fully understand what charges have been lodged against you.
Sources:
http://ypdcrime.com/penal.law/article155.htm
http://ypdcrime.com/penal.law/article160.htm
https://legalbeagle.com/8608294-difference-between-larceny-theft.html