The terms burglary and robbery are sometimes used interchangeably to describe crimes involving theft.
True, in most cases they do both involve theft. Nevertheless, there’s a reason you’ve never heard the term “highway burglary” used; and though the name may be more phonetically relevant to their product, the McDonald’s character Hamburglar is nevertheless a misnomer. That is, if this is any indication of his typical M.O.
Allow me to explain.
The following are 5 distinct and important legal differences between burglary and robbery:
1. Specific legal definitions of burglary vary, but generally speaking it refers to the willful entry into a structure without permission, with the intent to commit a crime. Note that there is no specificity regarding what that intended crime might be. We’ll clarify this in just a bit.
Robbery is defined as theft of money or property against an individual by force or by threat of force.
2. In a burglary, the victim need not be present, and frequently isn’t. Most burglaries, in fact, are committed with the expectation that the burglar will never be confronted by the victim. Further, theft isn’t always the intent of the burglar for entering the premises in the first place.
Conversely, for a crime to be deemed a robbery, by definition the victim must be present. Without a victim present, in the eyes of the law there can be no robbery.
3. Burglary is judged based on intent. So a person who otherwise has permission to be on the premises is guilty of burglary if it can be proven that their intent for being on the premises at the time was to commit an offense. Even though the person was otherwise authorized to be in the building, their intent for being there was to commit a crime, which constitutes burglary.
Robbery, on the other hand, is based not on intent, but on result. In other words, robbery is only robbery if a theft occurs, else it would be deemed attempted robbery. (It should also be noted, that force must be involved to distinguish the crime from simple theft.)
4. Burglary is referred to as an inchoate offense, which means that the offense was committed in preparation for completion of another crime. As above, the other intended crime need not have been accomplished if it can be proven that the burglar did indeed intend to commit it.
Robbery is considered an end unto itself, in that the sole intent of the offender is the actual crime of robbery, the taking possession or ownership of property to which they are not entitled by force or by threat of force.
5. Burglary can be classified as a felony, dependent upon the perpetrator’s intent for entering the premises. If the intent was simply to commit petty theft, however, the offense would likely only be classified as a misdemeanor.
Robbery is always a felony because it always, by definition, involves force or the threat of force.
So next time someone tells you that their house was robbed, you can say, “I hope it didn’t put up a fight and just handed over its wallet.”
The above was taken from this blog and reposted with permission from the author.
To Learn more on various theft terms see this post
This you can do to prevent from becoming a victim.
When you think home security several things are more effective at prevention than others. The following practices are endorsed by insurance companies and law enforcement departments the country over. Why? Because they are effective! Always use proven plans and countermeasure when you are thinking of increasing your home security. We have a whole series of things you can do to increase your home security.
Here is a list of the most effective ideas. Some of these may appear to be obvious choices-they are.
1. Inspect your residence from the outside. Are there hiding places like trees and shrubs for robber to attack you from ? Are there any obvious faults like open garage doors or open doors and windows that a crook can enter in? Does it look like an easy target? Can someone use your privacy fence to hide behind and wait until you go out the back door? The crooks are looking for an easy mark. Make them pick someone else. Put as many obstacles in his way as possible.
2. Discourage signs. I once went to a house that had ‘I’m packing a loaded 45, go ahead and kick my door in. When your residence has signs and devices that discourages robbers, it’s a good thing. You should consider investing in fake security camera’s, or driveway alarms , or even the Beware of Dog signs can go along way at deterring criminals from picking your house.
3. DUH. The simplest countermeasure is to simplu Lock all doors and windows even when you are at home. If you have an alarm make sure it is on. If you have a peephole in your door use it. (or Get one) Most people reflexively answer the door without looking first. Not a good idea!
4. Nonlethal personal Protection Products. There are many people who don’t want to kill anyone or mistakenly kill someone, so we suggest that just having a canister of Pepperspray behind every door in your home, is an easy thing to do, and you can easily get to it, easier than a gun in the closet.
5. Practice for a home invasion or home robbery. I know this sounds crazy. But as a family unit get a plan-in the event of a home invasion you will be prepared because you practiced. If someone kicks your door in while you are cooking, what can you do? Do you even have an inventory of valuables in your home with the serial number?
If you follow these winning ideas you will be in a much stronger position to secure your home against a home burglary or home invasion.
Have you ever experienced a home invasion? Share that with experience with us on our blogs at http://peppereyes.wordpress.com/
PepperEyes.com is dedicated to providing you with the best and most affordable personal protection products on the market to meet the security needs of you, your family members or your business, by assisting anyone who is unwilling to become a victim of crime. If you want to take personal responsibility for yourself, your home or your business, purchase our high quality discount personal protection products and arm yourself with the knowledge of the best way to stay secure in an ever-increasing violent world. In today’s society being equipped mentally and physically is no longer an option.