IDENTITY CRISIS: BURGLAR, THIEF OR ROBBER?

Sometimes when people return home and find that someone has entered their home and taken their property, their response is “We’ve been robbed.” But actually, they have been burgled.

Burglary: A burglar is one who unlawfully enters a building or home intending to commit a felony or a theft there. A burglary does not have to involve damage to the property. If someone slips through an unlocked window or door, it is still considered a burglary. But note, the legal definition can be a shade different in different states. So, wherever you are working, check out the law.

Theft: Your AP stylebook notes that larceny is the legal term for the wrongful taking of property and its nonlegal equivalents are stealing or theft. Therefore, if someone breaks into your car and steals your Abba CD, he or she is a thief, not a larcenist, though that is a word, but not one used anymore, so don’t you use it. In some jurisdictions, if the value of what was taken is valued above a certain set amount, it is grand larceny, and if it is below that amount, it is petit larceny.

Robbery: Robbery is similar to theft, and, indeed, theft is one component of robbery. But unlike theft, robbery requires the victim to be present. A robber is someone who during the course of a theft takes or attempts to take something of value from another person by use of force, threats or intimidation.  Thus, the theft is now a robbery. You will see robbery divided into degrees, but this can change from state to state, so check out the laws. You might also run into the term aggravated robbery, which means the robber has done something to make the victim believe he or she has a deadly weapon. The robber can show the weapon, say there is one, or even display something that looks like a deadly weapon.

Two Examples

1. Now, let’s make things a bit more complex. Here we have a lead to an actual story – and not a very good one at that, but that does not matter now. Here we have someone breaking into a house, so you might think that is a burglary. But, the homeowners were at home, the perp had what looked like a gun (though later it turns out it was a pellet gun), and he threatened bodily harm. Therefore, we have a robbery, or more to the point, we have what is called a home-invasion robbery.  

A Macclenny couple were the victims of a home-invasion robbery last Tuesday afternoon as a young white male suspect entered their home and held Marvin J. Johns, 70, and his wife, Shirley, 68, at gunpoint. The robber demanded money and after Mr. Johns gave the suspect his gold necklace, currency and watch, the man turned to leave.

2. Now, what if this guy had slipped into the house through an unlocked window while the couple was sleeping and they never heard him come and go? They never confronted the threat of bodily harm. That, then, would be a burglary.

But what if either the man or wife woke up and confronted the man. Does the burglar suddenly become a robber if he threatens harm in any way? I would say so, but the journalist would have to explain this complex scenario. Also, the journalist should check to see what the cops are charging the guy with.

For more about writing and editing cops and court news, go to this excellent resource:

http://www.justicejournalism.org/crimeguide/toc.html