Aggressive Criminal Defense
New York recognizes three degrees of robbery. Robbery in the third degree is a Class D felony. Robbery in the second degree is a Class C felony. Robbery in the first degree is a Class B felony.
Robbery in the third degree is the basic robbery offense. Prosecutors must establish that the defendant forcibly stole property. It is classified as a Class D felony under New York Penal Law § 160.05 and carries a sentence of seven years or more in prison.
Robbery in the second degree involves additional circumstances specified by statute. These circumstances include being aided by another person who is actually present. The charge can also apply when physical injury occurs or when an object appearing to be a firearm is displayed. Robbery in the second degree also applies when the stolen property is a motor vehicle. It is classified as a Class C felony and carries a sentence of fifteen years or more in prison.
Robbery in the first degree involves the most serious circumstances. These circumstances include causing serious physical injury or being armed with a deadly weapon. The statute also covers using or threatening the immediate use of a dangerous instrument. Displaying what appears to be a firearm may also support a first-degree robbery charge. The statute provides a specific affirmative defense concerning an apparently displayed firearm that was not loaded with a shot capable of causing death or serious physical injury. Robbery in the first degree is a Class B felony and carries a sentence of twenty five years in prison.
A robbery defense depends on the specific facts and evidence. A New York criminal defense lawyer may challenge whether prosecutors can prove one or more required elements. The objective can be dismissal, an acquittal, or reduction to a less serious offense.
One important defense concerns the alleged use or threat of physical force. Robbery requires forcible stealing under New York law. If the evidence does not establish the required force or threat, it will be difficult for the prosecution to prove robbery. The underlying conduct could potentially involve a different offense.
Eyewitness identification can become an important issue in a robbery case. Your criminal defense lawyer will examine the circumstances surrounding an identification. This can include lighting, distance, duration of observation, stress, descriptions provided to police, and identification procedures. Video surveillance, photographs, fingerprints, DNA, cell phone records, and other evidence may also affect identification. The defense can challenge evidence that does not reliably connect the accused to the alleged robbery.
Weapon allegations significantly affect the degree of a robbery charge. Your attorney will examine whether the alleged weapon actually existed and whether the evidence satisfies the statutory requirements for the charged degree. The circumstances surrounding an object described as a firearm may be particularly important. New York law distinguishes between several circumstances involving deadly weapons, dangerous instruments, and objects appearing to be firearms.
An alleged physical injury can affect the degree of robbery charged. The prosecution must establish the applicable statutory requirement. An attorney can examine medical records, photographs, witness testimony, and other evidence concerning the alleged injury.
An alibi provides a defense when reliable evidence establishes that the defendant was elsewhere. Evidence may include surveillance footage, electronic records, receipts, employment records, or witness testimony. A defense lawyer can investigate whether independent evidence supports the defendant’s account.
Not every robbery case results in a trial or conviction for the highest charge. A defense lawyer can examine whether the evidence supports the degree charged. If an aggravating circumstance cannot be established, the appropriate charge may be a lower degree.
A lawyer can also challenge evidence obtained through an unlawful search, seizure, or interrogation. Suppressing important evidence can substantially affect the prosecution’s case. Depending on the circumstances, legal counsel may also negotiate a resolution involving a less serious charge.
The appropriate strategy depends on the evidence, criminal history, alleged conduct, and procedural history. No particular defense guarantees dismissal or a reduced charge. Each case requires an individual assessment of the available evidence.
A robbery charge carries severe mandatory penalties, but the state’s claims are not the final word. By scrutinizing police reports, examining surveillance footage, and challenging overcharged allegations early, we actively undermine the state’s case against you.
Get a dedicated NY defense attorney in your corner. Contact Michael S. Discioarro now 917-519-8417 to discuss your defense options in complete confidence.
New York Penal Law § 160.00 defines robbery as forcible stealing. The prosecution must establish that property was taken and physical force was either used or threatened. The alleged force must have been intended to overcome resistance or compel someone to surrender property. Property can include physical items, such as watches or jewelry, as well as intangible assets such as cryptocurrency.
Do not discuss the facts of your case with the police without your attorney present. Preserve documents, recordings, messages, and other evidence that may relate to the allegations. Contact a New York criminal defense lawyer promptly so your charges and the evidence can be evaluated.
New York has three degrees of robbery. Robbery in the third degree is a Class D felony. Second-degree robbery is a Class C felony, while first-degree robbery is a Class B felony. Prison sentences range from 7 – 25 years for first offenses. There is no restriction on the maximum sentence, which may be longer.
The key distinction is the alleged use or threat of physical force. Robbery requires forcible stealing, while larceny does not involve physical force against another person. The facts surrounding the taking affect the offense charged.
Every case is different and a criminal defense lawyer can examine whether the evidence supports every element of the charged degree. Negotiations may involve a lesser offense depending on the circumstances. New York law permits certain pleas to lesser offenses with court approval and prosecutorial consent.
A dismissal can occur for different legal or procedural reasons. A New York attorney can challenge insufficient evidence, identification evidence, searches, statements, or other prosecution evidence. Whether dismissal is possible depends on the specific facts.
The alleged use or threat of physical force is central to a robbery prosecution. New York defines robbery as forcible stealing involving physical force or an immediate threat of physical force. If the evidence does not establish that element, the defense can challenge the robbery charge.
Depending on how the evidence was obtained your lawyer may be able to challenge police evidence. A lawyer examines searches, seizures, interrogations, identification procedures, and other investigative methods. If evidence was obtained unlawfully, the defense counsel may find legal grounds to seek suppression.
The specific procedure depends on where and how the arrest occurred. The case may involve arraignment, bail considerations, discovery, motions, plea discussions, and potentially a trial. A defense attorney can explain the procedures applicable to your particular case.
Not every robbery case proceeds to trial. Cases can sometimes be resolved through dismissal, plea negotiations, or other dispositions. The appropriate course depends on the evidence, charges, legal issues, and circumstances of the individual case.
Prior convictions likely affect the legal consequences of a new felony case. Their impact depends on the nature and timing of the prior convictions. Your lawyer will need to review your criminal history before discussing potential sentencing or case resolutions.
