NY Robbery Lawyers
According to New York Penal Law, there are numerous criminal acts that can be classified as theft. Aside from robbery, other types of theft include embezzlement, grand larceny, petit larceny, as well as burglary. The main component that separates robbery from different types of theft is that an individual uses force during a robbery, which could occur though threats of harm or physical force. An example may include an individual who walks to a register at a drug store, shows a deadly weapon, and demands money through threats. On the other hand, if an individual enters a convenience store and takes a few items without paying for them, it is considered petit larceny not robbery. Due to the fact that force must be involved to be considered robbery, those charged with this crime will face a felony conviction. An individual who is convicted of robbery could face many years in prison.
Because robbery is a serious offense in New York, those facing a robbery conviction should contact a skilled attorney immediately. An attorney can help you decide which course of action is the best to take and help you develop a solid legal defense.
What are the Types of Robbery in New York?
The New York Penal Law classifies robbery into three different categories, which include robbery in the third degree, robbery in second degree, and robbery in the first degree. Although these charges vary in severity, they all involve an individual stealing through force. When an individual uses a weapon to commit robbery, he or she could face armed robbery charges. In addition, if the victim suffers from serious injures due to the robbery, the charges will also be increased as stated in New York Penal Law 160.
It is important to note that robbery in the first degree is a Class D felony under New York law. According to New York Penal Law 160.05, any use of physical force to get an individual to surrender his or her property is considered robbery.
In addition, New York Penal Law 155.05 states that larceny is when an individual wrongfully and intentionally withholds possessions from another individual with the intent to keep the possessions. An individual does not have to cause physical harm to another individual to be charged with robbery in the third degree, he or she only needs to threaten to use physical force to complete the robbery.
Individuals can be charged with robbery in the third degree if they conceal their hands in their pockets and lead the victim to believe that they have a gun. An example would include People v. Johnson, 972 N.Y.S.2d 699 (2013). In this case, the defendant was convicted of robbery, but it was overturned in an appeal. Although the defendant did steal property from a warehouse, he did not use a weapon to commit the crime, and the prosecution could not prove that he intended to let his victims believe that he had a gun.
Robbery in the second degree is a Class C felony. Those who face robbery in the second degree charges are accused of committing the act of robbery in the first degree but is accompanied by another individual. New York law refers to this as accomplice liability. An example would include People v. Vicioso, 983 N.Y.S.2d 691 (2014). This case involved the defendant and another individual. The individual who acted as an accomplice was charged with second degree robbery, while the individual who committed the act was charged with first degree robbery.
In addition, individuals will also face this charge if they use a gun or firearm to commit the act or if the victim suffers from serious injures. According to New York Penal Law 160.10, a firearm or gun would include a revolver, rifle, machine gun, or pistol. New York Penal Law 10.00(9) defines physical injury as harm that causes physical or mental impairment or significant pain.
Penalties of a Robbery Conviction
Individuals who are convicted on a robbery offense will probably face penalties such as a prison sentence, a fine, restitution, as well as post-release prohibition.
There are several factors that can determine if an individual will serve a prison sentence, but the primary factor will depend on the severity of the robbery offense. In addition, past criminal records can also have an impact on an individual’s sentence.
In New York, a Class D felony is punishable by a prison sentence of seven years, a Class C felony is punishable by up to 15 years in prison, and a Class B felony can result in a 25 year prison sentence. However, it is important to keep in mind that if individuals are convicted of robbery in the third degree, they may not be sentenced to incarceration. These individuals may receive probation.
However, robbery in the first degree and robbery in the second degree are considered violent felonies. So even if the conviction was an individual’s first offense, and he or she has no prior convictions, they will still have to serve a prison sentence of three to six years.
If an individual’s prior convictions classify him or her as a violent predicate offender, a non-violent predicate offender, or a persistent felony offender, it is required by law that he or she serve a prison sentence if convicted of a robbery offense.
If you are facing a robbery charge, contact a criminal defense attorney as soon as possible to help you build a solid defense.