Robbery in the Third Degree: NY Penal Law 160.05

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. Although many a movie depicts a masked stranger armed with a firearm demanding a wallet from a stranger or a preplanned target, Robbery as reflected in the New York Penal Law and as seen by criminal lawyers is quite different. Must you brandish some weapon, make a threat of violence or cause a physical injury to violate Third Degree Robbery? The simple answer is “no.” The required force could be a push, punch, or shoulder grab and tug. Whether the force is fairly insignificant or extremely aggressive, an Assistant District Attorney in New York City’s five boroughs or in any of the counties throughout the Hudson Valley can prosecute you with a felony complaint or present a case to the Grand Jury alleging a violation of NY Penal Law 160.05.

Penalties for Violating Third Degree Robbery: NY PL 160.05 Convictions

Robbery in the Third Degree, NY PL 160.05, does not require a mandatory term of imprisonment like the higher degrees of this crime. However, if convicted, the maximum term of prison is two and one third to seven years. If you are a predicate felon, meaning you have a prior felony conviction during the past ten years, the sentencing guideline changes to a minimum of two to four years in state prison to a maximum term three and one half to seven years in prison. The reason why Third Degree Robbery, unlike the other degrees, does not require by law a minimum time in prison is because unlike the two “sister” offenses, PL 160.05 is not a statutorily defined “violent offense” pursuant to New York Penal Law 70.02.

Any allegation of Robbery requires your full attention and that of your Robbery defense lawyer. Outside of the prospect of incarceration and a life altering felony conviction, do not lose sight of the fact that the District Attorney can increase your criminal exposure by charging additional crimes. If, for example, the property you stole is valued more than $50,000.00, then instead of your main concern being a post-conviction sentence of as great as seven years for Third Degree Robbery, a judge could incarcerate you for as long as fifteen years in prison.

Whether you believe the evidence of your guilt is overwhelming, the charges leveled against you by the NYPD or other police department are exaggerated, or you are completely innocent of any wrongdoing, you have choices. You can either allow yourself to be overcome with fear and anxiety of the predicament you find yourself or you can be smart, prepared and aggressive in identify your best and strongest defense.

The criminal defense attorneys at Crotty Saland PC and our team of criminal lawyers not only have the knowledge and experience successfully representing clients accused of Third Degree Robbery, but prosecuting individuals for this same offense as former Manhattan Assistant District Attorneys. Bringing all of this experience to bear on your behalf, know that if you want and need to protect your future, there is no substitute for the advocacy and relentless defense that only Crotty Saland can provide.

Call us at (212) 312-7129 or contact us online today to discuss your case and possible defense.

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