Bronx Robbery Lawyers
The general definition for robbery is larceny committed with violence and/or threat of violence. Larceny is the act of taking property belonging to another without their permission and with the intent to permanently deprive. In the Bronx, robbery is a criminal charged outlined by New York penal law.
Robbery is Forcible Stealing according to New York Penal Code Article 160
According to Article 160, robbery is forcible stealing. “Forcible stealing” is property taken with the intent to permanently deprive and with threat of physical force or actual physical force. In the Bronx, forcible stealing can occur in one of two ways.
The first circumstance is to compel the property owner or another individual to give up the property. This can also occur when a person helps another in the act of larceny. In the second circumstance, the person is accused of taking and keeping someone’s property by force.
In the Bronx, a robbery charge is separated into two crimes:
• First degree robbery
• Second degree robbery
• Third degree robbery
First Degree Robbery is Using Force to Steal Property in the Bronx
According to P.L. 160-07, first degree robbery in the Bronx:
• Forcible stealing
• Done with the use of a deadly weapon or instrument that can cause physical harm
• Causes serious physical harm to an innocent individual
Second Degree Robbery is the Result of Forcibly Stealing Property in One of Three Ways
According to P.L. 160-5, second degree robbery is forcible stealing done when:
• A person aids another in the robbery
• During the commission of another crime or immediately after a crime
• The property stolen is a motor vehicle
Third Degree Robbery Occurs in Four Ways
Forcible stealing in the Bronx occurs when a person takes property that is not theirs using violence and/or threat of violence. Forcible stealing is also a third degree crime when done during the commission of another crime or after a crime has been committed.
Punishment for Robbery in the Bronx
If convicted, the punishment varies according to the offense. The court may impose a $5,000 fine or double the amount of money obtained from the robbery. It depends on the higher amount. The prison sentence is as follows:
• First degree robbery is a Class B felony punishable by 10 to 25 years in prison
• Second degree robbery is a Class C felony punishable by seven to 15 years in prison
• Third degree robbery is a Class D felony punishable by two to seven years in prison
Contact a Bronx Robbery Attorney about Your Robbery Charge
The defense to robbery depends on the circumstances involved. For instance, you can claim the firearm was not loaded or capable of discharging in a first-degree robbery charge. Other defenses include entrapment, duress or infancy. Infancy refers to the accused being under 14 years old.
It is always an option to attack each element of the crime as a defense. For instance, you did not use a deadly weapon. The lack of a deadly weapon negates the violence part of a larceny charge. We can also attack the element of larceny. This means we show that you did not take property that was not yours with the intent to permanently deprive the owner.
You have the right to defend yourself in a robbery charge. We will help you. Whether you are ready to fight your case in court or want us to work to get the charge reduced or dropped, we are here for you. Contact us today.
May 17, 2018
Spodek Law is a great firm. They are super pragmatic