2006-09-02 11:56:49 · 6 answers · asked by krayzebboy 2 in Politics & Government ➔ Law & Ethics
Burglary is when you break into someone's home or other occupied structure with the intent to steal something.
Larceny is when you go into a structure, predominately public, and take something. Larceny in essence is theft.
The difference between the two is how you got onto the premises and if you had a right to be there.
2006-09-02 12:01:07 · answer #1 · answered by Ry_man 2 · 0⤊ 0⤋
Larceny is a part of robbery.
A lesser included offense, in criminal law, is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime.
For example, the common law crime of larceny requires the taking and carrying away of tangible property from another person, with the intent to permanently deprive the owner of that property. Robbery, under the common law, requires all of the same elements, plus the use of force or intimidation to accomplish the taking. Therefore, larceny is a lesser included offense in the offense of robbery, as every robbery includes a larceny as part of the crime. Assault is also a lesser included offense of robbery, just as battery is necessarily a lesser included offense to murder, and false imprisonment is usually a lesser included offense to kidnapping.
Under the merger doctrine, lesser included offenses generally merge into the greater offense. Therefore, a person who commits a robbery cannot be convicted of both the robbery and the larceny that was part of it. The major exception to this rule is conspiracy, which does not merge into the crime that the conspirators intended to commit.
On the other hand, burglary is part of theft.
The act of entering a building or other premises with the intent to commit theft.
Even if you don't steal anything (theft) if you entered with that intention, you have committed burglary.
2006-09-02 12:07:52 · answer #2 · answered by oklatom 7 · 0⤊ 0⤋
Burglary consists of the breaking and entering of a house, dwelling, or building with the intent to commit a felony and larceny is the unlawful carrying away of someone else's personal property with the intent to deprive the possessor of it permanently (does not have to involve breaking and entering to be larceny).
2006-09-02 12:09:57 · answer #3 · answered by ? 3 · 0⤊ 0⤋
CJ and Ry_man are correct. Though, as always, laws vary by state.
The essence of the burglary is the breaking and entering, with the intent to commit a crime. It doesn't matter if you actually take something or not.
The essence of larceny is the taking. It doesn't matter how you got into position.
2006-09-02 15:35:23 · answer #4 · answered by coragryph 7 · 0⤊ 0⤋
ry man is right.
2006-09-02 12:05:00 · answer #5 · answered by Anonymous · 0⤊ 0⤋
d k
2006-09-02 11:59:56 · answer #6 · answered by Anonymous · 0⤊ 1⤋