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Old 02-28-2013, 08:32 PM   #1
Aguamenti
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Default Robbery at Pine Cone in Melvin Village?

I heard there was an article in the Granite State News about a recent robbery at the Pine Cone. I've searched online but can't find anything about it. I was just there last week to get pizza - I hope everyone is OK!

Anyone have any further info?
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Old 02-28-2013, 11:05 PM   #2
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Got more info, apparently it was just a break-in.
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Old 03-01-2013, 11:59 AM   #3
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Default Burglary vrs. Robbery

I was a police officer for a long time and its not uncommon for people who are victims of a burglary to describe it to their friends or family as "being robbed".

Here are the elements of the two offenses:

Burglary - Entering or remaining in a structure or conveyance with the intent to commit an offense therein. The penalties are much greater if committed in the nighttime or when the home is occupied. If the home is occupied the crime becomes a "home invasion".

Robbery - The taking and carrying the property of another with the intent to permanently deprive by force or putting in fear. If you take the force or putting in fear element you simply have a larceny. So, Robbery is larceny by force or putting in fear.
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Old 03-01-2013, 12:54 PM   #4
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Default Trespassing

Thanks for the clarification IC. Seems to me I knew of someone who illegally enter a dwelling with intent to regain personal property. The officer said if a person force his way into the dwelling it is 'Breaking and Entry'. In this case the person had a key so it is considered 'Trespassing'.
Yet the owner tried the person in court on 'burglary' charge because the trespassor took possession and the owner claimed he is entitled to the trespassor's personal property.

The law is like spaghetti. If you can't try someone on one charge, you can always find something else that will stick.
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Old 03-01-2013, 09:45 PM   #5
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Default Entering with a key

Even if the suspect uses a key you still have the"physical trespass" so the charge would be entering without breaking which would fall under the umbrella of burglary.
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Old 03-01-2013, 10:00 PM   #6
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So much for what is right and what is wrong...
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Old 03-02-2013, 06:01 AM   #7
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Quote:
Originally Posted by BroadHopper View Post
.....The law is like spaghetti. If you can't try someone on one charge, you can always find something else that will stick.
Putting it another way, there seems to be a law that can be applied against everything someone does.
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Old 03-02-2013, 09:15 AM   #8
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Quote:
Originally Posted by Irish Choppers View Post
Even if the suspect uses a key you still have the"physical trespass" so the charge would be entering without breaking which would fall under the umbrella of burglary.
You really have to know the laws. Big bucks for the lawyers.

The former tenant went to claims court to take possession of his property, court determine he did not break the lease agreement. When he appear in court to erase the felony charge, the prosecutor dropped the charge because the property was legally the tenant.

During the time of the felony, he lost his job because he had a security clearance that requires a clean record. He lost a lot even though he was innocent.
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Old 03-04-2013, 09:53 PM   #9
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Quote:
Originally Posted by BroadHopper View Post
Thanks for the clarification IC. Seems to me I knew of someone who illegally enter a dwelling with intent to regain personal property. The officer said if a person force his way into the dwelling it is 'Breaking and Entry'. In this case the person had a key so it is considered 'Trespassing'.
Yet the owner tried the person in court on 'burglary' charge because the trespassor took possession and the owner claimed he is entitled to the trespassor's personal property.

The law is like spaghetti. If you can't try someone on one charge, you can always find something else that will stick.
I don't think the "owner tried" the person for anything. The police or the district attorney usually bring criminal charges for any criminal act. The owner would merely be a witmess against the party charged, or the defendant. Owners don't usually charge people for criminal acts, they merely accuse them. Owners usualy only get involved in pursuing civil actions.
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