Brooklyn Robbery Lawyer
Robbery in Brooklyn is outlined under New York’s Penal Code Article 160. This section explains the three degrees of robbery in Brooklyn: first, second and third-degree robbery.
What is Robbery?
The general definition of robbery includes larceny. Larceny is the crime of taking property does not belong to you. In addition to allegedly taking the property, you are accused of having the intent not to give the property back to the owner. Robbery builds on the larceny definition because force, intimidate or threat of force is used to take the property from the owner. Robbery still includes the intent to permanently deprive the owner of their property.
Robbery in Brooklyn is Larceny Committed with Violence, Threat of Force or Intimidation
In Brooklyn, robbery is larceny done with violence, threat of violence or intimidation. New York refers to this as forcible stealing. Forcibly stealing means you are accused of unlawfully taking property that belonged to another person. You allegedly took the property by use of force that may or may not include physical force or a weapon.
A weapon is an instrument used to cause physical harm. It can range from a firearm to a baseball bat or knife.
A robbery charge is separated into separate crimes:
• First degree robbery
• Second degree robbery
• Third degree robbery
First Degree Robbery in the Bronx May Involve another Crime
An individual is accused of a robbery in the first degree when they forcibly steal property belonging to someone else. It is also a crime when they, in the commission of another crime, steals property belonging to another individual. The elements of first degree robbery are:
• You are accused of causing serious physical injury to another person who was not participating in the crime. This person in an innocent victim like the property owner.
• You were armed with a deadly weapon and/or;
• You threaten to or used a dangerous instrument that could cause physical harm
First degree robbery is a Class B felony punishable by 10 to 25 years in prison.
Robbery in the Second Degree involves a Motor Vehicle or Crime
In the Bronx, you can be accused of second degree robbery in one of three ways. You can be accused of helping another individual commit robbery. The alleged robbery occurred during or after a different crime. You allegedly stole a motor vehicle.
Second degree robbery is a Class C felony punishable by seven to 15 years in prison.
Third Degree Robbery Charge does not Involve a Dangerous or Deadly Weapon
Robbery in the third degree in the Bronx is forcible stealing. The taking of property with the intent to keep the property is done with violence, but without the use of a weapon. For example, a person may be accused of third degree robbery if they snatch a woman’s purse.
Third degree robbery is a Class D felony punishable by two to seven years in prison.
Charged with Robbery in Brooklyn? Contact Us Immediately.
Many innocent people are accused of robbery in Brooklyn. If you or a family member is accused of robbery, it is time to fight your criminal charge. We can do this in a variety of ways. The first way is to determine the best defense for you. This defense is based on specific circumstances like whether you have an alibi or if you did not commit any element of robbery such as forcible stealing.
We can also challenge the prosecutor’s case prior to trial to get the charge dismissed or reduced. Contact us today and let’s start working on putting this robbery charge behind you.
May 17, 2018
Spodek Law is a great firm. They are super pragmatic