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Re: Robbery vs Burglary

Posted: Sun Mar 22, 2009 11:31 pm
by boomerang
Robbery involves bodily injury or the threat/fear of bodily injury during theft.

Burglary involves entry into "a habitation, or a building (or any portion of a building) not then open to the public" to commit theft (or assault or any felony.)

IANAL but it seems like a criminal breaking into an occupied home stealing the TV from the living room is burglary. If someone wakes up and the criminal runs away with or without the TV it's still burglary. If the criminal tries to fight it becomes robbery.

Re: Robbery vs Burglary

Posted: Mon Mar 23, 2009 3:22 am
by KD5NRH
Russell wrote:If you are getting robbed in your own home, which PC would you be protected under?
Both; entry for the purpose of theft or assault is burglary.

What to use in court depends on your actions and your lawyer. You're paying him to figure out what will work best with that particular judge/jury.