Robbery and Theft Abound In Tennessee

A man was attacked and robbed recently outside of the Donelson-Hermitage YMCA after setting up a meeting with Ronald Payne, 22, and Tyler Austin, 18. The victim got to a phone after the duo punched him in the face and took his cell phone, keys, and wallet, and reported the incident to police. Officers responded and took a description of their vehicle, which was later used to arrest the two men.

In an unrelated incident, Clevelt Rhodes, a Nashville firefighter, resigned recently amid allegations of theft of fuel that prompted an investigation. Rhodes had been with the department for over 10 years, and was accused of using a fuel card assigned to a fire truck to purchase gas for his personal vehicles. Rhodes was charged with theft under $500 and has been assigned a court date.

These minor crimes offer an opportunity to clear up some common questions about what, exactly, the difference is between theft, burglary, and robbery. The distinctions are subtle but important, and arguing all of them takes experience and skill.

• Robbery. Robbery is taking something from a person by the threat of or use of force. By definition, robbery requires taking something from someone, or something that is in their control. Robbery is a violent crime, but does not require someone to be injured. Austin and Payne, after injuring a victim and taking his possession, are alleged to have committed robbery.
• Larceny is theft; the words can be used interchangeably. Theft requires that property is taken from someone without their consent and with the intention to permanently deprive the owner of use or possession. Theft involves taking physical property from someone against his or her interests and without their consent. Rhodes is alleged to have committed theft for using assets that did not belong to him to purchase goods for personal use.
• Burglary, unlike theft or robbery, does not require that any property be stolen. Burglary is committed when a structure or dwelling is entered unlawfully with the intent to commit a crime inside. No crime actually needs to be perpetrated for an unlawful entry to be considered burglary.

If you have been charged with any of these crimes, you want a skilled Franklin criminal defense lawyer on your side. You may face fines, jail time or even prison time if convicted. The experienced attorneys at the Law Offices of Adrian H. Altshuler & Associates can help you. Please contact us today for a free consultation.