Criminal terms are often used one way in common everyday language, but under the law, they can mean something different (or at least have a very specific, distinct meaning). In New York, “robbery” has a precise legal definition that distinguishes it from other theft-related offenses. While people might casually use the term to describe any stolen property, New York law defines robbery as a forcible stealing crime involving physical force or the threat of immediate harm.
If you are facing charges related to robbery in New York, it is crucial to understand the legal definition of this offense. At the Law Offices of Jason Bassett, P.C., experienced Long Island robbery lawyer Jason Bassett has a deep understanding of New York State’s criminal laws and can provide you with strong legal representation. Contact us today at (631) 259-6060 to discuss your case and protect your rights.
What is the Difference Between Theft and Robbery in New York?
The main difference between theft and robbery in New York is that theft involves unlawfully taking property, while robbery involves the use or threat of physical force during the act. Robbery is treated as a more serious felony. Theft may be charged as larceny, either petit or grand, depending on the value.
Robbery Definition
As per the provisions of the New York Penal Law, there exist three separate categories of robbery offenses, namely third-degree robbery, second-degree robbery, and first-degree robbery. All of these offenses involve the act of forcefully taking someone’s property. However, the severity of the charge increases if certain factors are present, such as the use of a weapon, physical injury to the victim, or assistance from another person.
Robbery in the First Degree (N.Y. Penal Law § 160.15)
The most severe accusation is first-degree robbery, which is applicable when a robbery occurs and satisfies any of the subsequent conditions:
- Causing significant bodily harm to the victim or a third party.
- Possessing a lethal weapon.
- Utilizing or expressing the intention to employ a hazardous instrument.
- Exhibiting what appears to be a firearm such as a pistol, revolver, rifle, shotgun, machine gun, or similar weapon.
Robbery in the Second Degree (N.Y. Penal Law § 160.10)
Robbery in the second degree is applicable when committing the act of forcefully taking someone’s property while being aided by another person present during the robbery. This is known as accomplice liability. Robbery in the second degree also applies if a gun or firearm is displayed, or if physical injury is caused to the victim or a third party. Additionally, stealing a vehicle automatically results in at least a charge of robbery in the second degree. A firearm encompasses pistols, revolvers, rifles, shotguns, and machine guns.
Robbery in the Third Degree (N.Y. Penal Law § 160.05)
Robbery in the third degree is charged when, during the act of larceny, physical force or the threat of physical force is used to prevent the victim from resisting or to compel them to hand over the property.
If you are charged with robbery in New York, it is important to consult a Long Island robbery lawyer who is knowledgeable about the intricacies of the New York Penal Law and experienced in defending against robbery charges. The Law Offices of Jason Bassett can assess the evidence against you, develop a strategic defense strategy, and advocate for your rights in court. Get in touch with us now to arrange a free consultation.
Three Degrees of Robbery
Robbery is considered a felony under New York law and is broken down into three degrees, each a different level of the crime with its own punishments and consequences.
- Robbery in the Third Degree is a class D non-violent felony and is considered the least serious form of the crime.
- Robbery in the Second Degree is a class C violent felony and the second most serious robbery charge.
- Robbery in the First Degree is a class B violent felony and is considered the most serious robbery charge.
While any degree of robbery is serious and carries significant prison time, Robbery in the First Degree carries the most significant penalties and can impact an individual for the rest of their lives, even if it is the first offense.
| Three Degrees of Robbery | Details |
|---|---|
| Robbery in the Third Degree | Robbery in the Third Degree is a class D non-violent felony and is considered the least serious form of the crime. |
| Robbery in the Second Degree | Robbery in the Second Degree is a class C violent felony and the second most serious robbery charge. |
| Robbery in the First Degree | Robbery in the First Degree is a class B violent felony and is considered the most serious robbery charge. |
What Makes Robbery in the First Degree the Most Serious Charge?
Robbery in the first degree is the most serious robbery charge in New York because it involves aggravating factors, such as causing serious physical injury or using or displaying a weapon. It is classified as a Class B violent felony, carrying a mandatory minimum prison sentence of five years for first-time offenders.
The Seriousness of a Robbery in the First-Degree Charge
If you are accused of stealing from someone while using or displaying a deadly weapon or other dangerous instruments, or having caused serious physical injury while robbing someone, you will be charged with Robbery in the First Degree. As the most serious and violent of all robbery charges, it carries the most severe penalties.
For a first-time offender with no prior felony convictions, a conviction of Robbery in the First Degree will carry a minimum sentence of 5 years in state prison. Depending on the nature of a record of prior felony convictions, the minimum sentence can increase to either 8 or 10 years. Regardless of any criminal history, the maximum sentence is 25 years in state prison. In addition, the Court can order a person convicted of robbery to pay a fine and/or restitution.
Defenses
One defense to a first-degree charge of robbery would be that you did not possess a deadly weapon or dangerous instrument. The statute provides very clear definitions of deadly weapons and dangerous tools. A prosecutor may find it difficult to convince the court that a weapon is dangerous or deadly if the victim was threatened by a non-serrated dull-edged knife. But, even if the victim is convinced that you have a deadly tool, they could still be prosecuted.
Sentence
Robbery of the first degree, a class B felon, is subject to a maximum 25-year sentence. The judge will consider your prior criminal records and any aggravating, or mitigating aspects of your robbery. A judge may still sentence you to 5 years imprisonment even if you have not been convicted of any offenses in your past. Because assault in the first degree is also a violent felony, A court must sentence you to at least 8 years if your classification is non-violent. You will not be allowed to be convicted if your classification is violent.
What Happens After a Robbery Conviction in New York?
A robbery conviction in New York has serious consequences that extend far beyond prison time. Because robbery is classified as a felony, the effects can follow a person for the rest of their life.
After a conviction, individuals lose certain rights. For instance, under federal law, they cannot own or possess a firearm. While the right to vote is restored after release, it is lost during incarceration. Felony convictions also prevent individuals from serving on a jury or holding certain professional licenses, including those required for teaching or practicing law.
Job opportunities become harder to access. Most employers conduct background checks, and a felony record may lead them to reject an application. Some colleges and housing programs also deny admission or assistance to individuals with felony convictions. Government aid, such as federally funded housing or welfare, may no longer be available.
For non-citizens, a robbery conviction can trigger deportation. U.S. immigration law treats robbery as a crime of moral turpitude, which makes many non-citizens ineligible to remain in the country, even if they have lived in the U.S. for many years or have strong family ties.
In some cases, a conviction may also impact child custody decisions, especially if the crime involved violence or if the person is sentenced to a long prison term. These lasting consequences show why legal defense often focuses on challenging the charges or seeking a reduced offense whenever possible.
Robbery Defense Strategies and Legal Justifications
In criminal defense, those accused of robbery have several strategies to assert their innocence or reduce their culpability. When facing such charges, it is paramount to undermine the prosecution’s case, which bears the burden of proving guilt beyond a reasonable doubt. Defendants can cast doubt via alibis or by challenging evidence like eyewitness accounts or surveillance footage.
Intoxication as a defense takes two forms: involuntary, which absolves individuals if they can prove intoxication without their consent, and voluntary, which is more complex. Although not universally accepted, voluntary intoxication may mitigate liability in some jurisdictions by questioning the defendant’s capacity to form the specific intent necessary to commit robbery.
Entrapment is another potential defense but is challenging to establish. It requires showing that the defendant was induced by law enforcement to commit a robbery they would not have otherwise attempted. However, if the defendant was already inclined to commit the crime, this defense typically fails.
Lastly, duress is a defense used when the defendant commits robbery under the threat of immediate force, serious bodily injury, or death. This defense hinges on the credibility of the threat and the lack of a reasonable opportunity to escape the situation without complying.
Each defense is nuanced and requires careful legal examination. The success of these strategies heavily relies on the specific circumstances of the case and the jurisdiction in which the charges are brought.
Have You Been Mistakenly Identified?
Criminal prosecutors take robbery charges very seriously. Unfortunately, arrests can be riddled with mistakes. There are times when an individual is falsely accused, charged, and even convicted of robbery. This can sometimes happen even though they were never found in possession of stolen property or a weapon and do not even match the description of the robber.
Particularly when a robbery involves multiple people, the police sometimes arrest and charge someone who just happens to be in the immediate vicinity but, in fact, was just an innocent bystander. Further complicating matters is the fact that eyewitness identifications can be highly flawed, especially in cases of robbery. A witness may mistakenly identify someone as the perpetrator of a robbery even when that person didn’t commit the crime. Mistaken identifications can lead to wrongful accusations and convictions.
Related Collateral And Offenses Issues
A misunderstanding that becomes physical can escalate a misdemeanor theft offense, such as petit larceny, into a felony robbery. In these cases, skilled criminal lawyers representing clients often find that, in addition to the initial charge, clients are also facing other serious offenses, including assault, grand larceny, and criminal possession of stolen property.
No matter what degree of robbery you have been charged with, it is an extremely serious charge and can carry prison time. If you have been charged with robbery in New York, you need a skilled Long Island robbery lawyer to help ensure that you get an experienced legal defense. Contact the Law Offices of Jason Bassett, P.C. today at (631) 259-6060 for a free consultation to understand your legal rights.