You Need a Strong New York City Criminal Attorney to Defend Your Robbery Charge
ROBBERY is a form of “theft” wherein the individual committing the crime attempts to remove money or possession from an individual or entity forcibly or by threat of force. This term is most often used in conjunction with other crimes, “robbery and extortion”, “armed robbery”, or “aggravated robbery”. This is a very serious crime not just in New York but in every jurisdiction across the country. Criminals that use force in the taking of another individual’s property are treated to harsher penalties than those who are convicted of other forms of theft.
Robbery crimes are a no joke in NYS
The Bukh Law Firm, P.C. whenever possible attempts to educate potential clients and the public in regards to the statutes and circumstances involving a particular crime or crimes. New York robbery is an often misunderstood subset of theft. It is often used interchangeably with burglary incorrectly.
The New York Penal Code defines robbery as:
New York Penal Law – ARTICLE 160 ROBBERY
Section 160.00 Robbery; defined.
160.05 Robbery in the third degree.
160.10 Robbery in the second degree.
160.15 Robbery in the first degree.
S 160.00 Robbery; defined.
Robbery is forcible stealing. A person forcibly steals property and commits robbery when, in the course of committing a larceny, he uses or threatens the immediate use of physical force upon another person for the purpose of:
1. Preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking; or
2. Compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the larceny.
Robbery is broken down into various degrees in New York: first, second, and third degree—each with varying stipulations and severity. Robbery in the third degree is sometimes called a “simple robbery”. The penal code defines it as:
S 160.05 Robbery in the third degree.
A person is guilty of robbery in the third degree when he forcibly steals property.
Robbery in the third degree is a NYS class D felony. Examples of robbery in the third degree would be someone grabbing forcibly an article on your person, such as a purse or bag. There is no mandatory minimum sentencing on this crime, however, the crime has a maximum penalty of 7 years.
S 160.10 Robbery in the second degree.
A person is guilty of robbery in the second degree when he forcibly steals property and when:
1. He is aided by another person actually present; or
2. In the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime; or
3. The property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law.
Robbery in the second degree is a class C felony. This classification of robbery in NY could be violent or non-violent with threat of violence. It could involve the stealing of an automobile (car jacking), it could involve the wielding of a firearm or knife in the theft, or it could be a theft wherein the individual whose property is being stolen was harmed during the encounter. In this type of theft there is a minimum mandatory of three and one half years, maxing out at fifteen years.
S 160.15 Robbery in the first degree.
A person is guilty of robbery in the first degree when he forcibly steals property and when, in the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime:
1. Causes serious physical injury to any person who is not a participant in the crime; or
2. Is armed with a deadly weapon; or
3. Uses or threatens the immediate use of a dangerous instrument; or
4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.
Robbery in the first degree is a class B felony. New York Robbery in the first degree is given to individuals who have used threat of deadly force to accomplish the theft. Bank or store robberies involving weapons are robberies in the third degree and carry a minimum of five years and a maximum of twenty years in jail. Depending upon the nature of the robbery, the individual’s prior record, mitigating circumstances, and/ or the manner of arrest, accusations of robbery can be pled down prior to trial.
New York Robbery Lawyers Will Fight Your Case
Our team of investigators and New York robbery lawyers work to uncover procedural failures, mitigating circumstances, and other facts that would be relative to a dismissal or plea bargain so that we can get you the best possible outcome for your ROBBERY case. Robbery is a serious charge in NYS with potential long-term consequences including jail time. When your future is at stake contact the best NYC criminal defense attorney at (212) 729-1632.