It is not uncommon for a person to believe that “theft” and “robbery” are just two words for the same crime. This is false. Each crime is different from the other, though they do have some characteristics in common. Keep reading to learn about the different tactics and motivations for each charge, and how the courts punish these charges. If you have been charged with any type of theft crime, contact Law Office of Michael L. Fell at (949) 585-9055 for your free legal consultation.
The Definition of Theft
First, let us consider the definition of theft. According to California law, theft is more than just taking something that belongs to another person. There are three elements that make up this crime:
- Taking property or money without the permission of the owner;
- Taking the property from the owner;
- Intending to keep the property or money permanent.
As you can see, if the property was only borrowed then it would not be theft. If the property was taken from a park bench and not directly from the owner, it would not be theft. Your criminal defense attorney can find the best way to address your charges.
An Important Note About Theft: The Victim does Not Need to Be Present
It is important to note that while you must take property from the owner, this does not mean the owner has to be present – it only means that they must be in possession of the item. For example, if you steal a car from a church parking lot while the owner is in church, this would still be theft. If you steal a TV from a person’s home, it is still theft even if they are not home.
The Definition of Robbery
As is true of theft, robbery involves taking money or property without the permission of the owner. However, the biggest difference is that robbery includes a threat of force. To be charged with robbery, three elements must be proven:
- Property was stolen without the permission of the owner.
- The property was taken with no intention of returning said property.
- The property was taken by force or threat of force. This could involve using a gun or another weapon such as a knife.
Unlike a theft charge, robbery does require that a victim was present.
Your Criminal Defense Attorney Can Help You Find the Best Defense Option
If you have been charged with a theft crime, whether robbery or theft, the most important step you can take is to contact a criminal defense attorney. It is easy to get a free legal consultation: Just contact Law Office of Michael L. Fell at (949) 585-9055 now. We will listen to your situation, consider the evidence against you, and provide our best legal opinion on how you can move forward. Call us now for the best possible outcome.