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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year 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.


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