Robbery: NY Penal Law Article 160
Like other violent felonies found in New York’s criminal law, there is a strong likelihood that a conviction for any degree of Robbery will land you in a New York State prison. In fact, if convicted of either Second Degree or First Degree Robbery, the New York criminal code mandates incarceration for a minimum of three and one-half and five years respectively. There simply is no other way to describe any Robbery crime – whether it involves punching someone and taking their wallet in Manhattan, brandishing a knife and stealing an iPhone in Westchester County or discharging a firearm at your alleged target in Rockland County during the theft of a vehicle– as an extremely serious offense. There are three degrees of Robbery in New York that both you and your criminal lawyer can confront at your arraignment, in the Grand Jury or during a trial. These three felony crimes are Robbery in the Third Degree, New York Penal Law 160.05, Robbery in the Second Degree, New York Penal Law 160.10, an Robbery in the First Degree, New York Penal Law 160.15. Again, take notice, prepare to defend yourself and pay close attention. If you fail to implement the best defense to any Robbery arrest or indictment, you should expect that if convicted, the District Attorney will pursue your imprisonment and the law may require – and sentence you to – the same.New York Robbery Crimes: A General Description of NY Penal Law Article 160
Simply put, Robbery is a forcible stealing. If you use or threaten the immediate use of physical force to take property from another person, regardless of its value, size, quantity, or any other trait, you have perpetrated a Robbery in violation of New York Penal Law Article 160. This use of force could be as simple as a slap, a threat to strike a victim, or the actual use of some type of weapon. Compounding matters, if you use an instrument that normally is not a weapon, a heavy briefcase or umbrella, for example, in a manner that is threatening and in a way that could hurt someone, prosecutors have the legal authority and ability to elevate a lower level Robbery and “bump it up” to a more serious offense. While a gun or firearm will no doubt be prosecuted much more vigorously by the District Attorney in Rockland, Queens, Brooklyn, Westchester, Manhattan or any other county in New York City and the Hudson Valley, you need not have an obvious weapon to expose yourself to a violent felony offense.New York Robbery Crimes: Degrees of Offenses
The degree of the Robbery directly relates to the potential punishment and possible sentence. Robbery in the Third Degree, NY Penal Law 160.05, is a class “D” felony. As such, a first-time offender would face no mandatory minimum term of jail if convicted, but a judge could sentence him or her to a maximum term of seven years in prison. Robbery in the Second Degree, NY Penal Law 160.10, is a “C” violent felony that carries a three and one-half year minimum term of prison and a maximum of fifteen years incarceration for this same first-time violator of the law. Lastly, this same person, if convicted of Robbery in the First Degree, NY Penal Law 160.15, a class “B” violent offense, faces up to twenty-five years in jail with a minimum of five years in prison. Frightening? No doubt? Your life on the line? Absolutely.
- Robbery in the Third Degree – New York Penal Law 160.05
- Robbery in the Second Degree – New York Penal Law 160.10
- Robbery in the First Degree – New York Penal Law 160.15
Remember, not only can a misunderstanding that turns physical go from a misdemeanor theft offense such as Petit Larceny to a felony Robbery, experienced criminal lawyers representing clients in Robbery arrest routinely find these clients charged with additional crimes of equal or greater significance including varying degrees of Criminal Possession of a Weapon, Assault, Grand Larceny and Criminal Possession of Stolen Property. Whatever the evidence, facts and circumstances may be in your particular case, however, is what is relevant. Armed with this information, identifying your best defense as early in the criminal process and retaining the right criminal defense team will put you in the strongest place to overcome any Robbery allegation.
- New York Criminal Arrests and Convictions: Immigration Consequences
- NYC Employee Arrests: Direct and Collateral Consequences
- Doctors, Nurses and Other Medical Professionals: NY Arrests and Licensure
Whether you find yourself the subject of an arrest warrant, in custody post-arrest, facing an indictment or the prospect of a Robbery trial is near, there is only one viable defense. That is, retaining legal counsel with the knowledge and experience to advocate in the strongest and most compelling manner. The New York Robbery defense lawyers and former Manhattan prosecutors at Crotty Saland PC are the attorneys best suited to represent you not just today, but your however many tomorrows you are fortunate enough to encounter.
Call the former Manhattan Assistant District Attorneys and Robbery defense lawyers at (212) 312-7129 or contact us online today.