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18. Of what crime or crimes can the woman be convicted?
A woman drove her car through the drive-through lane of a fast-food restaurant one afternoon. When she reached the microphone used to place orders, she said, «There's a man across the street with a rifle. He can see everything you do. If you do not do exactly what I tell you, he will shoot you. Put all the money from the register into a sack and give it to me when I drive up.» The clerk did not see anyone across the street and was unsure whether anyone was there. However, unwilling to risk harm to himself, he put $500 in a paper bag and handed it to the woman when she drove up to the delivery window. The woman drove off with the money but was arrested a short time later. She had lied about there having been a man with a rifle and had acted alone.
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Embezzlement is the fraudulent conversion of another's personal property by one in lawful possession of that property at the time of conversion. Fraudulent conversion means that the defendant uses another's property beyond the scope of the defendant's rights. Embezzlement and larceny both involve obtaining property through misappropriation, but with embezzlement, the conversion of the other's property occurs when the defendant is in rightful possession, whereas larceny requires the taking of property not in the defendant's legal possession.
Obtaining property by false pretenses involves: (i) obtaining title to another's property (this requires obtaining ownership, not mere possession); (ii) by the use of false statements of past or existing fact; with (iii) the intent to defraud (victim must be deceived by the false statement and pass title to the defendant).
Robbery is: (i) the wrongful taking; (ii) of another's property from his person or presence; (iii) through force or threat of injury; (iv) with the intent to permanently deprive the person of his property. Robbery is an assault or battery PLUS larceny and requires force or threat to obtain the victim's property (whereas larceny does not require force or threats).
Larceny is a lesser-included offense of robbery. A lesser-included crime consists of the same, but not all, of the elements as the greater crime. A defendant cannot be convicted of both a target crime and a lesser-included crime. So, a defendant who is guilty of larceny and robbery cannot be convicted of both robbery and larceny. Rather, the defendant would be convicted of robbery because this conviction includes the lesser crime of larceny or only larceny.
D is correct. The woman committed larceny by taking and carrying away the $500, without consent (through the use of duress as evidenced by the threat that a man with a rifle was across the street), with the intent to permanently deprive the owner (as evidenced by the fact the woman drove away with the money in hand). The woman also committed robbery. She committed a wrongful taking of another's property through force or threat of injury, with the intent to permanently deprive the owner of his property. The woman threatened the clerk by saying there is a man with a gun across the street. The clerk, unwilling to risk harm, gave the woman $500. The woman then drove off with the money. Larceny, however, is a lesser-included crime of robbery. A defendant cannot be convicted of a target crime and a lesser-included crime, so, the woman can be convicted of robbery or larceny, but not both.
A is incorrect. The woman was not in lawful possession of the money, and as such, no conversion occurred here. Accordingly, the woman cannot be convicted of embezzlement.
B is incorrect. Here, the money was taken without consent of the owner and was taken through duress. Because the money was taken by trespass, the woman cannot have a valid title. She only had possession, NOT ownership (as required by theft through false pretenses).
C is incorrect. The woman is guilty of robbery because she committed larceny plus an assault (she threatened the clerk and put her in apprehension of imminent harm). As such, she cannot be convicted of both crimes, just one or the other.