Queens Robbery Lawyers
Larceny involves the unlawful taking of property belonging to another person without their consent. The goal of a larceny crime is to permanently deprive the owner of the property. To “permanently deprive” refers to a keeping, selling or giving the property away to prevent the true owner from reclaiming it. You may wonder why larceny and not robbery is not initially discussed. Well, robbery is an extension of larceny.
In Queens, you or a loved one can be accused of robbery if larceny was committed with force. The definition and penalties associated with a robbery crime in Queens is outlined under New York Penal statute 160.00.
Robbery in Queens is Defined as Forcible Stealing
In Queens, the definition of robbery is defined as forcible stealing. This means you are accused of unlawfully taking property belonging into another individual by using force, threat of force or intimidation. You allegedly had the intent to permanently deprive the property owner of their property. Also, larceny was committed with a weapon or dangerous instrument that could seriously harm or cause death.
Robbery in Queens in Separated into Three Degrees
Although there is one general definition of robbery, the state separates the crime into three charges. Each robbery charge, called a degree, has their own definition and penalties.
First degree robbery, the most serious charge, has the penalty of 10 to 25 years in prison and a $5,000 fine. This crime involves forcibly and unlawfully taking property from another and:
• Being armed with a deadly weapon,
• Displaying a firearm and/or;
• Threatening or using a dangerous instrument such as a knife and;
• Causing serious physical injury to an alleged victim
Second degree robbery conviction has a criminal sentence of seven to 15 years in prison. This robbery charge also has the definition of larceny with violence. It occurs because property was unlawfully and forcibly taken and one of the following occurred:
• You showed the alleged victim what appeared to be a firearm
• You helped someone commit robbery. This means you did not physically take the property from the alleged victim, but assisted in someone way.
• The property taken was a motor vehicle
• Someone was allegedly injured during the robbery
Third degree robbery is a Class D felony. It is punishable by two to seven years in prison. Third degree robbery involves forcible stealing. However, the circumstances of the crime do not fit into the above categories.
Have You been Accused of Robbery in Queens? Contact an Attorney Immediately.
You have the right to present a defense and challenge the prosecutor’s case against you. You have a lot of defenses available to you. This can seem overwhelming because you do not know which one to choose. That is why we are here.
We will listen to the facts of your case and determine the best defense for you to use. Common defenses available includes actual innocence, duress, lack of intent and lack of violence. The later defenses involve showing the court you could not commit the crime because one element is missing. Another defense is an alibi. An alibi means that you were somewhere else at the time the robbery allegedly occurred and you have witnesses to corroborate your defenses.
May 17, 2018
Spodek Law is a great firm. They are super pragmatic