[xxqqzz]

The thief took the leaf blower from the garage in front of the homeowner. This was not burglary, since there was no stealth involved. Therefore the felony conviction was vacated.

[the_Watchman]

So it should have been prosecuted as a robbery!

[one guy in new jersey]

Oh—got it.

Still breaking, entering and theft though, no?

[tired&retired]

There is no requirement of stealth actions.

Duh, armed robbery is not very stealth..

[one guy in new jersey]

Also one wonders whether the homeowner refrained from preventing the “taking” out of fear of physical harm. In that case there might be the elements necessary for a charge of assault (no battery).

[nickcarraway]

The owner never said anything?

[alexander_busek]

The thief took the leaf blower from the garage in front of the homeowner. This was not burglary, since there was no stealth involved. Therefore the felony conviction was vacated.

Thanks for the info!

I recently committed a very brazen rape - there was absolutely no stealth involved - so maybe I could use the same rationale?

Regards,

[sit-rep]

Lol...

Every time I think it can’t get any worse, I’m once again astounded...