Robbery In New York
Robbery is the act of forcibly stealing property. [PL §160.00] If the property is stolen without the use of physical force it is called larceny. [PL §155.05] A person forcibly steals property if they use or threaten to use physical force to take or keep the property. [PL §160.00(1)(2)] The threat must be to use immediate physical force. [PL §160.00] It would be larceny by extortion if the threat to use physical force was something other than immediate use of physical force. [PL §155.05(2)(e)] The person must have the intent to permanently keep the property from its owner or rightful possessor to be found guilty of robbery in New York. There are three degrees of robbery in New York: third degree robbery; second degree robbery and first degree robbery. [PL §§ 160.05; 160.10 and 160.15]
A person commits robbery in the third degree if they forcibly steal property. [PL §160.05] Robbery in the third degree is a class D non-violent felony. [Pl §160.05] An adult convicted of robbery in the first degree is facing a maximum of 2 1/3 to 7 years in state prison if he has no prior felony convictions. [PL § 70.00(2)(d)]
A person commits robbery in the second degree if he forcibly steal property and are aided by another person who is actually present at the immediate scene of the robbery. A person who aids another in forcibly stealing property but is not actually physically present - such as a look out or a getaway driver – commits robbery as an accomplice. [PL §20.00]
A person also commits robbery in the second degree if he or another participant in the robbery cause a non-participant in the robbery physical injury during the robbery or while fleeing from the scene of the robbery. [PL§160.10(2)(a)]. Physical injury is defined as impairment of physical condition or substantial pain. [PL S10.00 (9)]
A person also commits robbery in the second degree if he or another participant in the robbery displays what appears to be a firearm. [PL§160.10(2)(b)]. A person also commits larceny in the second degree if the property stolen is a motor vehicle. [PL§160.10(3)]
Robbery in the second degree is a class C violent felony. An adult convicted of robbery in the second degree is facing a maximum of 15 years in state prison plus 2 ½ to 5 years post release supervision if he has no prior felony convictions. [PL §§70.02(3)(b) and PL70.45(2)]
A person commits robbery in the first degree if while committing the robbery or fleeing from the scene of the robbery he or another participant in the robbery causes serious physical injury to a non-participant in the robbery. [PL §160.15(1)] Serious injuries include: death, substantial risk of death; serious and protracted disfigurement; protracted impairment of health; and protracted loss or impairment of the function of any body organ. [PL §10.00(10)]
A person also commits robbery in the first degree if while committing the robbery or fleeing from the scene of the robbery he or another participant in the robbery is armed with a deadly weapon. [PL 160.15(2)] Deadly weapons include: any loaded weapon from which a shot competent of causing a serious injury may be fired; a switchblade knife; a gravity knife; a pilum ballistic knife; a metal knuckle knife, a dagger, a billy, a blackjack or metal knuckles. [PL §10.00(12)]
A person also commits robbery in the first degree if while committing the robbery or fleeing from the scene of the robbery he or another participant in the robbery uses or threatens to use a dangerous instrument. [PL §160.15(3)] A dangerous instrument is any instrument, article or substance competent of causing serious physical injury including but not limited to motor vehicles, trailers, semi-trailers, snowmobiles, aircraft, motor boats and sail boats. [PL §§10.00(13) and (14)]
A person also commits robbery in the first degree if while committing the robbery or fleeing from the scene of the robbery he or another participant in the robbery displays what appears to be some type of firearm. [ [PL §160.15(4)]. It is an affirmative defense if the firearm was not able to fire a shot capable of causing serious injury or was not loaded at the time of the robbery. [PL §160.15(4)]. The charge would be reduced to robbery in the second degree if the defense proves by a preponderance of the evidence that the firearm was not able to shoot a shot capable of causing a serious injury or was not loaded at the time of the robbery. [PL§§ 160.15(4); 160.10(2)(b) and 25.00(2)]
Robbery in the first degree is a class B violent felony. An adult who is convicted of robbery in the second degree is facing a maximum sentence of 25 years in state prison and 2 ½ to 5 years post release supervision if it is their first felony conviction.
Please call me toll free at 1-877-858-2889 if you have been arrested for first, second or third degree robbery in New York. I am available 24/7. The initial consultation is free. If the case is not dismissed, I will negotiate a plea bargain agreeable to you or take the case to trial.
