Larceny v. Robbery – What is the difference?!
To be found guilty of Larceny the State must prove that you (1) took (2) personal property (3) in the possession of another AND (4) carried that property away (5) without the consent of the possessor AND (6) with the intent to deprive the possessor of its use permanently (7) knowing that you are not entitled to it. Larceny of property valued less than $1,000 is a Class 1 misdemeanor. Where as, Larceny of property valued at more than $1,000 is a Class H felony.
Larceny is a lesser included offense of Robbery. Which means you can only be found guilty of one or the other arising from the same offense. There are two types of Robbery, both which are felonies. A person may be found guilty of Common Law Robbery (which is a Class G Felony) if the State proves that they (1) committed larceny (2) from the person or from the person's presence (3) by violence or intimidation. A person may be found guilty of Armed Robbery (which is a Class D Felony) if the State proves that they (1) committed or attempted to commit larceny (2) from the person or from the person’s presence (3) by possession, use, or threatened use of a firearm or other dangerous weapon (4) that endangers or threatens the life of a person.
If you were charged with Larceny, call The Law Offices of Wiley Nickel, PLLC for a free consultation. Our attorneys are also available by email at Kristi@wileynickel.com or Wiley@wileynickel.com.