Robbery and Burglary

Robbery is the taking of money or goods in the possession of another, from his or her person or immediate presence, by force or intimidation. Robbery is a crime of theft and can be classified as a larceny by force or threat of force. The elements of the crime of robbery include the use of force or intimidation and all the elements of the crime of larceny. The penalty for robbery is always more severe than for larceny. The force or intimidation must either precede or be contemporaneous with the taking to constitute a robbery. Violence or intimidation after the taking is not robbery. If, however, the force occurs so soon after the taking that it forms part of the same transaction, the violence is legally concurrent with the taking. Force or intimidation employed after the taking and merely as a means of escape is not a sufficient basis for a robbery charge. Burglary is the criminal offense of breaking and entering a building illegally for the purpose of committing a crime. To differentiate between these crimes I would say what sticks out is the breaking and entering into a building that goes along with the crime of burglary; this is not a required element in theft of robbery as it is in burglary. I don’t believe that I would make any changes to the laws regarding how the above crimes are punished. The different degrees of burglary are punished accordingly, for example a “simple burglary” is usually going to be a third degree burglary. The third degree is committed by a person knowingly entering or remaining unlawfully in a building with an intent to commit a crime therein. When the same offense is committed with explosives or deadly weapons, or when it results in physical injury to a person who is not a participant in the crime, it is burglary in the first degree, for which there is a greater penalty.