The Differences Between Theft and Robbery

Colloquially, robbery and theft are often referred to as if they were more or less the same thing. A robber and a thief both take things that are not theirs, and thus these words can be used interchangeably most of the time. Legally, however, robbery and theft are different crimes with very different punishments. Let's look at these laws in more detail.

Theft

This is actually a broad term referring to any occurrence when a piece of property is taken without its owner's permission. It is usually classified as a crime against property, along with property damage and arson. Theft is prosecuted on the state level, with a few exceptions. Because Congress has the constitutional right to control interstate commerce, which has been interpreted very broadly over the years, some acts of theft that affect the interstate economy can be tried on the federal level.

In the US, most state governments use the term larceny in their criminal code because it is more specific. The word "theft" can cover looting, robbery, mugging, shoplifting and a wide variety of other offenses. Larceny, on the other hand, refers to the very specific act of physically moving an object that belongs to someone else, without their permission, and with the intent to deprive the person of that object permanently. It does not matter if the person committing larceny intends to keep the object for their self, but it does matter if they are only temporarily borrowing the object.

Larceny can be a felony or a misdemeanor, depending on the total monetary value of whatever objects were stolen. In Wisconsin, for example, stealing objects or money worth up to $500 is a misdemeanor. Any amount more than that is a felony, with the class increasing with the value of the stolen property.

Robbery

Legally, this term refers to the act of taking property away from its owner through the use of violence or intimidation. Unlike theft, the owner of the property must be present as it's being taken, or else the crime does not qualify as robbery. This crime is always a felony, although the class varies depending on the amount and type of force used.

If a person physically assaults or threatens another without using any kind of weapon in order to steal anything, this is a Class E felony, and can be punished by up to 15 years in prison. Additional years may be added if the convicted person is a repeat offender. A person who steals property while using a dangerous weapon, such as a gun, has committed a Class C felony, punishable by up to 40 years in prison. Again, more years can be added for prior convictions.

For more information about the legal distinctions between different crimes, contact Milwaukee theft defense attorneys Kohler & Hart.

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