Legal Disclaimer: This article provides general legal information about the Uniform Code of Military Justice. It is not legal advice and does not create an attorney-client relationship. Every case involves unique facts and circumstances. If you are facing charges under the UCMJ, consult with a qualified military defense attorney immediately.
Both larceny and robbery involve taking property that belongs to someone else. The critical difference is how the taking occurs. Larceny under Article 121 involves taking property through stealth, deception, or without the owner’s knowledge. Robbery under Article 122 involves taking property directly from a person through force, violence, or intimidation. This distinction matters enormously because robbery is treated as a crime of violence with significantly harsher punishment, while larceny, though serious, is fundamentally a property crime.
The Force Element
Article 121 Larceny is taking property without the use of force against the owner. Classic larceny involves:
Pickpocketing (taking from a person without their awareness)
Stealing from unattended property
Taking through fraud or false pretenses
Employee theft
Breaking into property and taking items when no one is present
The common thread: the owner either doesn’t know the theft is occurring or is deceived, but they’re not personally threatened or harmed.
Article 122 Robbery is larceny plus force. The taking must be:
From the person or presence of another
By force, violence, or putting in fear
Robbery transforms a property crime into a violent crime because it involves direct confrontation with and threat to the victim.
Why Robbery Is More Serious
The law treats robbery more seriously than larceny because:
Personal danger. Robbery victims face immediate risk of physical harm.
Psychological trauma. Being robbed creates lasting fear and anxiety that property theft alone doesn’t.
Violence potential. Robbery situations can escalate to assault, serious injury, or death.
Community impact. Violent property crimes create broader fear than stealth thefts.
This explains why robbery carries potential life imprisonment while larceny maxes out at 10 years.
Article 121: Larceny Explained
Larceny requires:
Wrongful taking, obtaining, or withholding. Getting control of property without authorization.
Property of another. The property belonged to someone else.
Of some value. The property had monetary value.
Intent to permanently deprive. The accused intended to keep the property or dispose of it so the owner couldn’t recover it.
The taking can be accomplished through:
Physical taking (picking up and carrying away)
Obtaining through false pretenses (lying to get property)
Conversion (lawfully possessing property then wrongfully claiming it)
No force against any person is required or involved.
Article 122: Robbery Explained
Robbery requires all the larceny elements plus:
From the person or presence. The property must be taken from the victim’s body, from their immediate control, or in their presence.
By force, violence, or intimidation. The taking must involve actual force, threat of force, or putting the victim in fear.
The force element is what transforms larceny into robbery. Even minimal force (pushing, grabbing, snatching) can suffice if it’s directed at the victim to accomplish the taking.
The “From the Person or Presence” Requirement
Robbery requires taking from “the person or in the presence of” the victim:
From the person. Property on the victim’s body (wallet in pocket, watch on wrist, bag carried in hand).
In the presence. Property under the victim’s immediate control, even if not on their body (bag at their feet, property they’re guarding).
If the victim isn’t present or the property isn’t under their immediate control, the offense is larceny, not robbery, even if force is used elsewhere in the crime.
Example: Breaking into a house and stealing jewelry while the owners are away is burglary and larceny, not robbery. The owners weren’t present. But if you break in while they’re home, threaten them, and take their jewelry, that’s robbery.
Degrees of Force
The force required for robbery doesn’t need to be severe:
Minimal force. Snatching a purse from someone’s grip, pushing someone to take their wallet, grabbing someone’s phone from their hand.
Threats without contact. “Give me your money or I’ll hurt you” is sufficient intimidation even without touching the victim.
Implied threats. Displaying a weapon or making threatening gestures may constitute putting in fear.
Actual violence. Hitting, striking, or injuring the victim to take property clearly satisfies the force element.
The question is whether force or fear was used to accomplish the taking, not whether the force was severe.
When Larceny Becomes Robbery
Timing matters. Force used during the taking makes it robbery:
Before the taking. Assaulting the victim to gain access to their property, then taking it: robbery.
During the taking. Struggling with the victim for control of property: robbery.
Immediately after. Using force to retain property just taken or to escape while still at the scene: may be robbery.
Later. Force used to retain property long after the initial taking generally doesn’t convert past larceny to robbery.
If someone steals property through stealth but then assaults the victim when discovered, they may face both larceny and assault charges rather than robbery, depending on the timing and circumstances.
Typical Fact Patterns
Clear larceny (no force):
A service member takes another’s laptop from their desk when no one is around. Pure larceny: taking property without force.
A service member borrows a car, then refuses to return it and sells it. Larceny by conversion: no force against any person.
Clear robbery (force used):
A service member approaches another in a parking lot, displays a knife, and demands their wallet. The victim hands it over out of fear. Robbery by intimidation.
A service member grabs another’s phone from their hand and runs. The brief struggle for the phone involves force. Robbery.
A service member punches another and takes their watch while they’re dazed. Robbery by violence.
The borderline scenario:
A service member bumps into another, and during the contact, slips their wallet from their pocket. The victim doesn’t realize what happened.
This is pickpocketing, which is traditionally larceny despite the physical contact. The contact wasn’t “force” used to take the property; it was incidental or diversionary. The victim wasn’t put in fear; they didn’t even know the taking occurred.
But if the pickpocket is caught in the act and shoves the victim to escape with the wallet, this might escalate to robbery.
Armed Robbery
Robbery becomes aggravated when the accused is armed:
Robbery with a dangerous weapon. Using a weapon, or reasonably appearing to have one, during robbery significantly increases punishment.
The weapon doesn’t need to be used: displaying it, implying its presence, or reasonably appearing armed all aggravate the offense.
Armed robbery reflects the increased danger to victims when weapons are involved.
Punishment Comparison
Article 121 (Larceny):
Property over $1,000 in value, or military property, or from the person: dishonorable discharge, forfeiture of all pay and allowances, confinement for 10 years
Property $1,000 or less: bad-conduct discharge, forfeiture of all pay and allowances, confinement for 1 year
Article 122 (Robbery):
Robbery: dishonorable discharge, forfeiture of all pay and allowances, confinement for 15 years
Robbery with a dangerous weapon or inflicting serious bodily harm: dishonorable discharge, forfeiture of all pay and allowances, confinement for life
The jump from 10 years (larceny) to 15 years or life (robbery) reflects the violence element that makes robbery categorically more serious.
Defenses
For Article 121 (larceny):
Claim of right: genuinely believed you owned or had rights to the property
Authorization: you had permission to take the property
No intent to permanently deprive: you intended to return it (may reduce to wrongful appropriation)
Property had no value
For Article 122 (robbery):
All larceny defenses, plus:
No force or intimidation was used
The taking wasn’t from the person or presence of the victim
Self-defense (if the victim attacked first and the property was taken incidentally)
Lesser Included Offenses
Larceny is a lesser included offense of robbery. This means:
A court-martial instructed on robbery can convict of larceny instead if the force element isn’t proven
Defense counsel can argue for conviction on the lesser offense
The panel has flexibility to match the conviction to the evidence
If the evidence clearly shows property was taken but the force element is disputed, the panel might convict of larceny rather than robbery.
Civilian Considerations
Robbery charges have serious civilian implications:
Violent crime classification. Robbery is a crime of violence for many purposes, affecting sentencing enhancements and collateral consequences.
Career impact. Violent crime convictions create barriers to employment beyond what property crime convictions create.
Immigration consequences. Aggravated felonies including robbery have severe immigration consequences.
The characterization of conduct as robbery versus larceny affects life far beyond the immediate sentence.
Practical Guidance
For service members:
Never use or threaten force to take property under any circumstances
Larceny is serious; robbery is far worse
Even minor force or intimidation converts theft to violent crime
If accused:
Document exactly what happened and when
Identify witnesses to the taking and any alleged force
Consult defense counsel immediately
The force element is often the contested issue in robbery cases
Frequently Asked Questions
If I snatched something from someone’s hand but didn’t hit them or threaten them, is that larceny or robbery?
Generally, snatching property from someone’s grasp is robbery, not larceny. Even though you didn’t strike the victim or make explicit threats, the act of forcibly removing property from their physical control involves force. The victim had possession; you used physical force to overcome that possession. This distinguishes snatching from pickpocketing, where the victim doesn’t realize the taking is occurring. Courts have consistently held that purse-snatching, phone-grabbing, and similar conduct constitutes robbery rather than larceny because force is used to complete the taking. The force doesn’t need to be violent; it just needs to be force used against the victim to accomplish the taking.
What if I threatened someone to take their property, but then decided not to go through with it and left without taking anything?
If you made threats with intent to take property but then stopped, you may face attempted robbery charges rather than completed robbery. Attempt under Article 80 punishes conduct that would have been an offense if completed. You took a substantial step (making threats) toward committing robbery. The fact that you stopped doesn’t erase the attempt. However, voluntary abandonment before completion might be relevant to charging decisions and sentencing. You might also face charges for the threats themselves under Article 115 (communicating threats). Stopping before taking property is certainly better than completing the robbery, but it doesn’t necessarily eliminate all criminal liability.
If I took property and the victim tried to stop me, and I pushed them to get away, is that robbery?
This is a close question that depends on timing and circumstances. If you used force during the initial taking (pushing the victim to get the property), that’s robbery. If you took the property through stealth (they didn’t initially know) and then pushed them to escape when caught, courts may analyze whether the theft was complete before the force was used. Force used in immediate flight while still at the scene, to retain just-taken property, can convert larceny to robbery in many jurisdictions. The distinction matters, but errs on the side of robbery when force and taking are closely connected. Defense counsel would carefully analyze the sequence of events to argue for the most favorable characterization.