Legal question regarding overwatch

[Ron3]

Criminal overwatch.

For example, stealing a vehicle, burglarizing a vehicle, taking parts off a vehicle.

Normally considered a property crime. But what about when there is obvious, armed accomplices providing protection for the thief?

It doesn't become a robbery...or does it...if the owner shows up / approaches?

[Inkslinger]

I don’t know the answer, but here’s some info on an incident that just happened a couple miles from my house. Man stealing catalytic converters shot two security guards. One fatally.

https://news.yahoo.com/sketch-released-suspect-fatal-shooting-162700029.html

[Johnny Rico]

Criminal overwatch.

For example, stealing a vehicle, burglarizing a vehicle, taking parts off a vehicle.

Normally considered a property crime. But what about when there is obvious, armed accomplices providing protection for the thief?

It doesn't become a robbery...or does it...if the owner shows up / approaches?

The answer to this question will revolve around whether the threat of force is enough to satisfy the force requirement for robbery. That will vary according to jurisdiction.

[pointblank4445]

Criminal overwatch.

For example, stealing a vehicle, burglarizing a vehicle, taking parts off a vehicle.

Normally considered a property crime. But what about when there is obvious, armed accomplices providing protection for the thief?

It doesn't become a robbery...or does it...if the owner shows up / approaches?


In the context of Illinois criminal statute,

Burglary - entering without authority (any of the list of buildings, containers, vehicles) to commit a felony or theft.
Robbery - knowingly taking property from a person or presence of a person by use of force or threat of imminent use of force.

Articulating the threat of imminent use of force here is the kicker. If a person is not there...that makes it complicated. How they perceive the event and articulate it is another. How is it reported by police. What is the level the DA/SA prosecution will push a tougher charge in the nature of the court system they work in?


In many areas, these are the kinds of wheelings and dealings state's/district attorneys may push for more in the future plans to concede down to burglary. I've had several cases get bumped down to lesser charges...rarely bumped up in such a manner.
If you've not had the displeasure to watch the court system in action for criminal stuff...it really is a sight to behold. The realities of which are foreign to most that haven't been involved somewhere in the process.

[joedirt199]

Had this exact thing happen at my neighbors. Group of black teens going through cars while driver stays in stolen car with all doors open. They found my neighbors car open and one searched while the other stood guard with what looked like a pistol in the low ready. Another one runs up to my truck and pulls on handle to find it locked. Garage light comes on and he takes off. They stole the neighbor's glock out of her vehicle and moved one. All caught on our neighborhood cameras.

Here is the problem, you leave the safety of your home to confront said thugs and things go sideways fast. Now the prosecutor will push that you put yourself in harms way for no real reason than to protect property, which can be replaced. You lose some of your victim rights when confronting suspects without having a legal obligation too.

[FromMyColdDeadHand]

Damn it. I thought this was going to be about being able to snipe child pedos at the local playground…