General Discussion

onenote

(46,148 posts)

72. Where no force is involved in the stealing, the amount matters.

Fri Aug 15, 2014, 11:22 PM

Aug 2014

And without the use of force, taking a box of cigars would be a misdemeanor in Missouri. But with the use of (or threatened use of) force to complete the misappropriation of the cigars, it becomes a Class B Felony.

I believe this is pretty standard.

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Did Michael Brown commit robbery or petty theft? [View all] Little Star Aug 2014 OP

He assaulted the clerk while stealing items. Not good. But still..... Logical Aug 2014 #1

Doesn't answer my question. Little Star Aug 2014 #6

According to MO. law, IronGate Aug 2014 #68

I couldn't see what happened at the counter. Looked to me as though he and his friend sabrina 1 Aug 2014 #93

Has absolutely nothing whatsoever to do with his execution randys1 Aug 2014 #2

I am in agreement with you but my point is.... Little Star Aug 2014 #7

Oh, i see your point...he may have done nothing but it wasnt robbery, you are right randys1 Aug 2014 #13

Because Missouri law pintobean Aug 2014 #21

That's f'd up, imho..... Little Star Aug 2014 #23

I guess. pintobean Aug 2014 #28

no the amount still matters dsc Aug 2014 #31

No, it was the use of force on the clerk that makes it robbery. nt. IronGate Aug 2014 #71

In terms of the nature of the wrong - yes. Ms. Toad Aug 2014 #75

Yes, I've seen that treestar Aug 2014 #26

More than slightly extreme imho. Little Star Aug 2014 #29

Thanks for info 840high Aug 2014 #67

It will be used against him... Arrowood Aug 2014 #42

Are you supposed to be executed for those crimes? Agschmid Aug 2014 #3

agree but you are missing my point. Little Star Aug 2014 #14

So far he has not been proven guilty of anything Bjorn Against Aug 2014 #4

Me too. Little Star Aug 2014 #11

He will never be proven guilty of anything. He's dead. You can't try a corpse. MADem Aug 2014 #81

neither has the officer that shot him TorchTheWitch Aug 2014 #86

Not many want to make that connection. pintobean Aug 2014 #90

A quick word about "how states define crimes" jberryhill Aug 2014 #5

So there is no difference between petty theft & robbery? Little Star Aug 2014 #9

OMG.... here's petit theft in Florida... robbery in just a sec.... jberryhill Aug 2014 #20

There are a couple of flavors of robbery in Florida jberryhill Aug 2014 #24

I think you meant to reference Missouri law, not Florida. onenote Aug 2014 #70

Lol jberryhill Aug 2014 #83

Robbery but it could have been argued in court exboyfil Aug 2014 #8

No such thing as petty theft? Little Star Aug 2014 #10

Where no force is involved in the stealing, the amount matters. onenote Aug 2014 #72

Petty theft is a form of larceny - robbery is a theft with the addition of force or threat of force aint_no_life_nowhere Aug 2014 #12

So how would you classify taking a pkg of cigarillos? Little Star Aug 2014 #16

I would define it as robbery when there is also assult involved. Travis_0004 Aug 2014 #33

I don't know enough details from a silent video of a few seconds that doesn't capture aint_no_life_nowhere Aug 2014 #34

Exactly. I couldn't tell WTF was going on in the first 3/4 of that video arcane1 Aug 2014 #58

You make some interesting points about us not seeing an actual theft. n/t Chemisse Aug 2014 #63

You're not referencing Missouri law. onenote Aug 2014 #74

I was thinking "fucked up state".... jberryhill Aug 2014 #84

They can't make anything stick even if the video showed Brown, clearly, hitting the clerk with a MADem Aug 2014 #82

Petty theft does not involve person to person interaction AgingAmerican Aug 2014 #80

Did Darren Wilson commit first or second degree murder? me b zola Aug 2014 #15

Man was surrendering? Then I say first. Little Star Aug 2014 #18

First nt ohnoyoudidnt Aug 2014 #25

But how much of a premeditation is required for first? Chemisse Aug 2014 #64

Neither. HooptieWagon Aug 2014 #17

Well I think the word robbery is over the top. Little Star Aug 2014 #19

Well, if the person in the video did steal the cigars... HooptieWagon Aug 2014 #39

Petty theft. ohnoyoudidnt Aug 2014 #22

. Little Star Aug 2014 #37

That's not how crimes work. OrwellwasRight Aug 2014 #76

I guess my rejoinder to that is that it can't be elevated "beyond a simple theft or VanGoghRocks Aug 2014 #96

That's not what's being discussed. OrwellwasRight Aug 2014 #99

Under Missouri law, once you shove the person you are stealing from Ms. Toad Aug 2014 #77

Any degree of force to complete the crime is strong-arm robbery. B Calm Aug 2014 #85

It doesn't even have to be actual force - Ms. Toad Aug 2014 #94

I think it is an irrelevant issue to distract from at least the 2nd degree murder of a kid TheKentuckian Aug 2014 #27

I am not trying to distract.... Little Star Aug 2014 #36

I understand that but the line of conversation, is a reprieve from the core issue TheKentuckian Aug 2014 #43

You are right but... Little Star Aug 2014 #53

Use of force in the commission of theft elevates it to robbery. Spider Jerusalem Aug 2014 #30

I'm not sure it matters Texasgal Aug 2014 #32

Exactly. It just pisses me off that they are getting away with it. Little Star Aug 2014 #38

I'm not convinced that there is a valid legal discussion to be had yet loyalsister Aug 2014 #35

Yep. Shame on the media (our wonderful wordsmiths) Little Star Aug 2014 #40

How do you file charges JustAnotherGen Aug 2014 #46

There were none filed while he was alive loyalsister Aug 2014 #51

and now he is dead JustAnotherGen Aug 2014 #87

Petty theft Bettie Aug 2014 #41

I understand why you are asking JustAnotherGen Aug 2014 #44

Sadly yes JAG, walking while black. sheshe2 Aug 2014 #54

I think it might matter to his parents and family. They don't want to see his character defiled.... Little Star Aug 2014 #56

its already been done JustAnotherGen Aug 2014 #88

This message was self-deleted by its author Courtesy Flush Aug 2014 #45

Nothing, since he was not convicted of any crime. WinkyDink Aug 2014 #47

Dunno. What did the jury decide in his trial after his indictment and courtroom prosecution? kestrel91316 Aug 2014 #48

^ This. nt IdaBriggs Aug 2014 #78

It really doesn't matter. The media is trying to make it seem as if it does. Avalux Aug 2014 #49

I think it does matter when it comes to public opinion..... Little Star Aug 2014 #55

IF and tha tis a big IF. If he did steal the cigars it is shoplifting rustydog Aug 2014 #50

"Strong-arm robbery" cracks me up! elias49 Aug 2014 #73

. Little Star Aug 2014 #92

Is only the police officer considered innocent until proven guilty? gollygee Aug 2014 #52

Why hasn't the store reported a robbery to this day? geomon666 Aug 2014 #57

The store did report a robery Travis_0004 Aug 2014 #65

I don't think that question can be answered at this point, Nye Bevan Aug 2014 #59

Apart from the general irrelevance, the real question is whether he would be convicted of a class 2 alcibiades_mystery Aug 2014 #60

Are we now sure that the man in the photo is Michael? jwirr Aug 2014 #61

Johnson, through his attorney, admitted it. n/t Ms. Toad Aug 2014 #79

I think it was theft, followed by an assault. Chemisse Aug 2014 #62

He pushed the clerk - which made 840high Aug 2014 #69

Without knowing what exactly went on at that convenience store counter... countryjake Aug 2014 #66

Agreed JustAnotherGen Aug 2014 #89

So it has been definitely established that it IS Brown in the video. rocktivity Aug 2014 #91

Let's face it, his main crime was Walking While Black. MoonRiver Aug 2014 #95

Bingo. Little Star Aug 2014 #97

He committed the crime of being a black pedestrian. Oh and being a big guy. riseabove Aug 2014 #98