Can one be charged with robbery after borrowing something from owner?

UPDATED: Oct 2, 2022

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Can one be charged with robbery after borrowing something from owner?

Spouse loaned me car. Spouse didnt
get car back in their desired time and
decided to call it in as if it was forcibly
took. Can you please help me to
prepare defense based on legal jargon.

Asked on August 5, 2019 under Criminal Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Technically, if you did not return a borrowed item after you were supposed to return it, that is a form of theft and you could be charged. In practice, this would almost always be seen as a "civil" matter (e.g. a disagreement over the terms of the agreement or permission to borrow the car) or if you are still married, a family law matter, and not a criminal matter. The police and prosecutors do not like to interject themselves into matters where there is no clear criminal intent or where there may be other issues (e.g. marriage, and the spouse's respective property rights) involved. It is unlikely that charges would be brought.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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