Robberies are among the most commonly charged types of crimes in New York City — and it’s classified as a felony offense, even in the best case scenario. If you or someone you know has been accused of committing the crime of robbery, you need to retain the services of a highly experienced New York City robbery attorney before it’s too late.
Queens Criminal Defense Lawyer is compassionate to his clients and aggressive in the courtroom, and has a proven track record of success in handling even the most serious charges.
Oftentimes, individuals not well-versed in law are thrown off by the minor details which differentiate larceny, theft, burglary, and robbery from a legal standpoint. These terms are roughly interchangeable in casual use, but not in court.
The offense of robbery is handled by Article 160 of the New York Penal Law, which defines it as “forcible stealing.” A crime is robbery when, during the committing of a larceny, the individual uses or threatens physical force in order to either prevent or overcome resistance to the robbery, or to compel the rightful owner of the property to hand it over or otherwise expedite the robbery for the robber. (Larceny, by comparison, does not involve an element of physical force or the threat thereof.)
In the state of New York, robbery is classified by degrees — even the least severe of which is still considered to be a felony offense punishable by up to seven years in prison. Article 160 covers robbery in the 1st, 2nd, and 3rd Degree.
It is robbery in the 3rd Degree when an individual forcibly steals property. Robbery in the 3rd Degree is classified as a non-violent D Felony, which in the state of New York is punishable by up to seven years in prison.
The parameters which define robbery in the 2nd Degree are the same as those pertaining to robbery in the 3rd Degree, with the added condition that either:
- the individual was aided by another individual in committing the robbery
- during the robbery or flight from the robbery, the individual causes physical injury to a person not involved in the robbery, or displays a gun or what appears to be a gun
- the property in question is a motor vehicle
Robbery in the 2nd Degree is considered to be a Class C Felony, as well as a violent felony. Violent felonies incur much harsher penalties than their non-violent counterparts. The maximum punishment for a violent Class C Felony is fifteen years in prison, with a mandatory minimum punishment of three and one half years (42 months).
Robbery in the 1st Degree is defined as the forcible stealing of property, with the added condition that, whether in the course of the robbery itself or when fleeing from the scene of the robbery:
- the individual causes *serious* physical injury to a person not involved in the robbery (as compared with 2nd Degree robbery, which notes only that the individual “causes injury”)
- the individual is armed with a deadly weapon, whether it is displayed or not
- the individual displays a gun or what appears to be a gun
Robbery in the 1st Degree is considered to be a Class B Felony, as well as a violent felony. The maximum punishment for a violent Class B Felony is twenty five years in prison with a mandatory minimum punishment of five years.
If you or a loved one has been charged with a criminal offence, the consequences of a conviction could change your life forever.
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