Robbery in the Second Degree
Robbery in the Second Degree (New York Penal Law 160.10) is just as severe as Criminal Possession of a Weapon in the Second Degree (New York Penal Law 265.03). That is, both are deemed violent crimes under New York Law and both require a mandatory minimum term of three and one half years in state prison if there is a conviction. However, a judge has the discretion to sentence an offender to up to fifteen years in prison.
Robbery in the Second Degree can be broken down as follows:New York Penal Law 160.10(1)
If you forcibly steal property from someone, regardless of what it is, and you are aided by another person who is present, then you may be convicted of this crime. In other words, the sole difference between Robbery in the Third Degree and the Second Degree under this section is that another person (a "lookout," a "moneyman" or another "robber") is present. If that is the case, instead of no mandatory prison, you and your co-defendant would now face the three and a half minimum. Those individuals whom are alleged to have been with you need not be arrested for this charge.
The most severe and serious degree of Robbery, Robbery in the First Degree (New York Penal Law 160.15) is a violent crime punishable by no less than five years and a maximum of twenty five years in state prison. Like the lower degrees, Robbery in the First Degree requires a forcible stealing of property. However, to ascend to this offense, additional actions or elements are required.
When you forcibly steal property from a person, without the use of any type of weapon, you have committed the crime of Robbery in the Third Degree (New York Penal Law 160.05). This force could be a push, punch, or shoulder grab and tug. It is fairly simple for prosecutors to establish the requisite amount of force to charge the accused with Robbery after the police have arrested him or her.New York Penal Law 160.10(2)
Again, like all forms of Robbery, this subsection of Robbery in the Second Degree also requires a forcible stealing of property. However, if you or another person involved in the crime causes physical injury to anyone who is not a participant or displays what appears to be a firearm or gun, then you face the more serious offense and the three and one half minimum term in prison.
It is important to note a few things about this section of Robbery in the Second Degree. First, the physical injury need only be a bloody lip, bruise or something as “insignificant” as that. All that is required is some form of “substantial pain” or “impairment of physical condition.” Second, the person injured need not be the target of the Robbery. Lastly, yet equally important, it is not a defense to this section to argue that the firearm, gun, revolver, etc., was not loaded or that it was really a ruler or tape measure under your shirt. The prosecution must only establish (beyond a reasonable doubt, of course), that you possessed what appeared to be a firearm.
For further information on Robbery in the Second Degree or for a consultation to discuss your possible defenses, contact the New York criminal defense attorneys and former Manhattan prosecutors at Crotty Saland PC.
Call us at (212) 312-7129 or contact us online today.