Interviewer: What's the difference between robbery and burglary?
Kevin Roach: In robbery, typically you take something by force. For instance, in Missouri recently there was a highly publicized case in Ferguson Missouri where Michael Brown allegedly robbed a convenience store. They called it a strong arm robbery, that's when he basically pushed the clerk out of the way, but typically a robbery is if someone goes in with a gun or a knife, you can be charged with a strong arm type of robbery, it's when you take something by force. If you just stick something in your pocket and sneak out, that's the traditional shoplifting charge, but when someone tries to stop you or detain you and you forcibly stop them from doing that, that's when it can become a robbery.
St. Louis Theft Offenses are Mostly Compulsive Acts and are Rarely Crimes of Necessity
Interviewer: If someone does admit to stealing, why did they do that? Is it always a crime of necessity or is it sometimes a compulsivity?
Kevin Roach: No, I think it's very rarely a crime of necessity. I see certain situations where people are in need, they can't feed their family, no clothes on their back, but most of the cases I see out here in my offices in Chesterfield MO, it's in West St. Louis County, it's a very affluent area. Of course I represent people all over the city but I do tend to attract a lot of clientele out here but I see people who are very well off, housewives, young professionals, higher level of income who don't really need or aren't really hurting for money and they are caught stealing. I don't claim to understand what goes through people's minds, but I do see it on a regular basis, people who have the means to purchase whatever they're stealing but they choose to do otherwise, unfortunately.
Theft by Deception Charges in the State of Missouri
Interviewer: What would theft by deception be referring to?
Kevin Roach: A classic example of theft by deception would be if you were were shopping for TVs and there was a TV that had a $2,000 price tag on it and you took the price tag off a cheaper TV and tried to get the $2,000 TV for the cheaper amount. That could be an example of a theft by deception. I do see that on occasion when people will peel off the price tags on clothing or electronics or whatever it may be, and they'll try to scan it through at the cheaper amount.
Examples of Theft by Deception Related to Fraudulent Practices
Interviewer: Are there any other fraudulent related examples to theft by deception?
Kevin Roach: I don't know if it would be deception, but I see this on a regular basis, where someone will get a credit card, someone else's credit card, they might leave it at a store, and they would go out and go on a shopping spree and that will be another form of stealing. That would actually be charged as unlawful use of a credit device and that's a felony, it's a class C felony regardless of the amount, it could even be under $500. If you use someone's credit card without their permission and if you sign the receipt you can also be charged with forgery so yea, that's not a good thing.
Kevin J. roach is a St. Louis DWI defense attorney who has defended thousands of DWI and DUI cases in the St. Louis Metro area. Call us today at (636) 519-0085 or (866) 519-0085 for your Free Consultation!