Robbery merges with larceny as a lesser included offense.
One of the questions I got said the person can be charged with burglary and attempted larceny. Do those two not merge?
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- rinkrat19
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Re: Merger
Burglary has totally different elements that don't match up with larceny/attempted larceny. "Breaking into" and "intent to commit felony" (and "dwelling at night" if we're using common law burglary).
The elements that make up attempted larceny, on the other hand, are entirely contained within robbery.
The elements that make up attempted larceny, on the other hand, are entirely contained within robbery.
- swtlilsoni
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Re: Merger
But if the larceny is the felony element of the burglary than that would be a lesser included offense because the entire larceny is included in one of the burglary elements...? It seems like a double jeopardy issue to me, doesn't seem fairrinkrat19 wrote:Burglary has totally different elements that don't match up with larceny/attempted larceny. "Breaking into" and "intent to commit felony" (and "dwelling at night" if we're using common law burglary).
The elements that make up attempted larceny, on the other hand, are entirely contained within robbery.
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Re: Merger
No, I think you are mixing up what a lesser-included offense is.swtlilsoni wrote:But if the larceny is the felony element of the burglary than that would be a lesser included offense because the entire larceny is included in one of the burglary elements...? It seems like a double jeopardy issue to me, doesn't seem fairrinkrat19 wrote:Burglary has totally different elements that don't match up with larceny/attempted larceny. "Breaking into" and "intent to commit felony" (and "dwelling at night" if we're using common law burglary).
The elements that make up attempted larceny, on the other hand, are entirely contained within robbery.
"Lesser-included offense" = offense that consists of some but not all elements of the greater crime
Larceny being the felony in a burglary ≠ a lesser included. It's just makes up an element in the burglary charge itself.
The two crimes share ZERO elements. One is a trespassory taking of property, with intent to permanently deprive. The other is the breaking/entering of a dwelling, at night, with intent to commit a felony therein. Totally completely distinct crimes.
Larceny would be a lesser-included for the crime of robbery, however, because robbery requires the same elements of larceny PLUS use of force/intimidation.
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