{"id":5458,"date":"2019-10-17T19:49:53","date_gmt":"2019-10-17T23:49:53","guid":{"rendered":"http:\/\/69.167.168.176\/~phillips\/kerriansnotebook\/kerriansnotebook\/?p=5458"},"modified":"2025-05-22T12:25:37","modified_gmt":"2025-05-22T16:25:37","slug":"kn-p-245-was-it-burglary-or-robbery-and-other-questions-answered","status":"publish","type":"post","link":"https:\/\/pattiphillipsbooks.com\/kerriansnotebook\/2019\/10\/kn-p-245-was-it-burglary-or-robbery-and-other-questions-answered\/","title":{"rendered":"KN, p. 245 “Was It Burglary or Robbery?” and other questions answered"},"content":{"rendered":"

If there are no paragraph separations in this article, please double-click on the title to create a more readable version.<\/span><\/em><\/span><\/p>\n

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Crime scene investigations have a few terms associated with them that are sometimes misused or misunderstood. Check out some accepted legal definitions.<\/span><\/p>\n


\nRobbery or Burglary?<\/span><\/strong><\/span><\/p>\n

Robbery<\/strong> is a crime where someone takes an item without permission directly from someone else, without any intention of giving it back, and does this by force or threat of force. The wording of the criminal act may differ slightly from State to State.<\/span><\/p>\n

A burglary <\/strong>occurs when someone enters a home or business illegally, intending to steal an item or commit a felony while inside the building.<\/span><\/p>\n

While you might think that robbery and burglary are talking about the same act \u2013 a theft of your property \u2013 they are indicative of different circumstances. In a robbery, someone actually came and took something from you (often face-to-face), perhaps threatening you while demanding your money or cellphone. But, a burglary occurs when you are not present, like a break-in and theft at your house while you\u2019re at work.<\/span><\/span><\/p>\n

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Assault or Battery?<\/strong><\/span><\/span><\/p>\n

A<\/strong>ssault and B<\/strong>attery are sometimes used interchangeably but refer to different legal occurrences. Assault<\/strong> is when a person is threatened with attack (someone says they will hit the targeted person), and battery takes place when a person is physically attacked (someone hits him\/her).<\/span><\/span><\/p>\n

Battery <\/strong>is the unlawful use of force resulting in the injury of someone else. Battery always includes assault.<\/span><\/p>\n

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Civil or Criminal Cases?<\/strong><\/span><\/span><\/p>\n

Civil Actions <\/strong>are brought before the court to protect and enforce private rights.<\/span><\/p>\n

Criminal Law <\/span><\/strong>determines what is criminal behavior and sets punishment to be imposed for that criminal behavior. The idea behind criminal law is to prevent harm to society.<\/span><\/span><\/p>\n

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Murder or Homicide or Manslaughter?<\/strong><\/span><\/span><\/p>\n

Homicide<\/strong> is a legal term for any killing of a human being by another human being and is not always a crime. Hearings are held to determine whether shooting deaths are justifiable killings in self-defense. Murder and manslaughter fall under the category of unlawful homicides.<\/span><\/p>\n

Murder <\/strong>is an intentional killing when it is:<\/span><\/p>\n