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Crimes Against Property I
What are crimes against property? Unfortunately, we live at a time
when
crime is very much a part of our society. As such, it is important to
know about crimes against property and all the other crimes prevalent today so that
we can arm ourselves with what’s going on around us and know
what
we can do if and when we encounter or become direct victims of these
crimes.
Crimes
against property affect another person’s real and personal
property. Real
property are lands, structures on the land like buildings and products
from the
land like trees or minerals under the ground. Personal property are
There are
two types of crimes against property: theft of property and destruction
of
property.
LARCENY
One
of the
crimes against property is larceny.
Larceny is the taking away of a person’s personal property
without the owner’s permission
and depriving him of said property forever. The thief intends to keep
the
property or to gain something out of it. The thief also knows that the
property
belongs to somebody else. If he does not know that it belongs to
somebody else,
no larceny is committed.
There
are two
components of this crime: trespassing and asportation. Trespassing is
unlawful
interference of a person, his property and his rights. Asportation is
the
moving away of the property from one place to another. The distance may
not be
considerable. Taking a wallet out of the owner’s pocket still
constitutes
larceny.
For
a
crime to be considered larceny, the element of intent must be there
– that is,
the perpetrator, beforehand, has thought of taking the property without
the
owner’s permission.
There
are
three kinds of larceny; petit, grand and larceny by deception. Petit
larceny is
a misdemeanor while grand larceny is a felony. The difference between
the two
lies in the amount of the stolen property. Larceny by deception is
committed
when a person is duped into giving up his possession.
Larceny
is
distinguished from embezzlement by the element of trust present in the
latter.
In embezzlement cases, the thief has been entrusted with the property
by the
rightful owner.
Examples
of larceny are: shoplifting, purse-snatching, thefts from motor
vehicles, theft
of parts or accessories of motor vehicles and pick-pocketing. Forgery,
fraud,
thefts of motor vehicles and worthless checks are not included under
this
crime.
ROBBERY
Robbery
is
a combination of larceny and assault/battery. In other words, when
assault or
battery is involved, larceny becomes a robbery. It is actually a form
of
aggravated larceny. All the elements of larceny must be present plus
two
others: violence or threat and the actual taking away of the property
directly
from the owner or in his presence.
For
purposes of determining appropriate punishment for this crime, most
states
differentiate between simple robbery, as in using threat to take the
property
from the owner, and armed or aggravated robbery.
An
example
of this crime would be when a person knocks somebody out and then takes
his
wallet from him. But one robbery case has gone down history as the
biggest in
all of America
- the Lufthansa robbery case carried out on December 11, 1978.With the
robbers
taking away $5M in cash and $850 thousand in jewelry, it is the biggest
amount
ever stolen.
BURGLARY
Burglary
involves unlawful entry into a structure with the intent to commit a
felony. Without
intent, burglary is not committed.
Use
of
force is not required to constitute burglary. A slight turning of a key
in the
keyhole or merely pushing an open door or window in order to widen it
to gain
entry, constitute burglary. Using a stick from outside a window to take
something from inside the structure also constitutes unlawful entry.
Entry
by
misrepresentation like assuming a false identity or pausing as an
invited guest
to enter the premises also constitutes unlawful entry. This is usually
referred
to as constructive entry. Unlawful entry does not include those that
are done
for rescue purposes, to extinguish a fire or to arrest somebody.
Burglary
leads to another felony. In all jurisdictions, it is tried as a
separate crime
from the subsequent one intended after the entry. So while burglary is
listed
as a crime against property, subsequent crimes committed after entry
may not
necessarily be so like rape or murder.
Many
states consider burglary committed at night more serious than when
committed
during the day. In the state of Massachussetts, the term
“breaking and
entering” is used instead of burglary.
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We all want to think we are safe but are we? If you want to know more
about the
different types of crimes committed today, RecordsSiteReviews.com
is offering FREE ACCESS to
its Criminal
Records Information section. If you have a
nagging suspicion on
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