Robbery: The Differing Degrees Of The Crime

Simply put, robbery involves taking another person’s property by force or threat of force. Suppose an individual physically assaults another individual and takes their money. In such a case, actual force has been used. Now, suppose an individual threatens to physically assault another individual unless they turn over the money they have, and the threatened individual does so. In such a case, implied force has been used. In both cases, the offenders will be charged with robbery.

The state of New York takes the crime of robbery seriously and imposes harsh penalties to deal with anyone found guilty of this crime. Robbery is considered quite serious mainly because of its violent nature. If you are facing robbery charges in New York, it is extremely crucial that you speak to a skilled criminal defense attorney as soon as you can.

What Is Robbery in New York

In New York, robbery is defined as “forcible stealing.” According to New York Penal Law Section 160.00, an individual commits a robbery when, in the course of perpetrating larceny, they use or threaten to use physical force upon another individual for the purpose of:

1. Avoiding or using force to take the property or using physical force after taking the property; or
2. Compelling the owner of the property or another individual to deliver up the property or to engage in another activity that helps in the commission of the larceny.

The Differing Degrees of the Crime of Robbery

In New York, there are three different degrees of the crime of robbery, i.e., third-degree robbery, second-degree robbery, and first-degree robbery.

Robbery in the Third Degree

This crime is a class D felony and is punishable by up to seven years in prison. It applies when an individual forcibly steals property.

Robbery in the Second Degree

This is a class C felony. An individual is guilty of robbery in the second degree when they forcible steal property and when:

1. they are helped by another individual actually present; or
2. in the course of committing the crime or immediately after committing the crime, they or another participant in the crime;

• cause physical injury to another individual who’s not a participant in the crime; or
• display what appears to be a rifle, pistol, shotgun, revolver, machine gun, or another firearm; or

3. the property consists of a motor vehicle.

This crime is punishable by up to fifteen years in jail.

Robbery in the First Degree

This is a class B felony. It applies when an individual steals property with the use of force, and, when, in the course of committing the crime or immediately after committing the crime, they or another participant in the crime;

1. cause serious physical injury to an individual who’s not a participant in the crime; or
2. are armed with a deadly weapon; or
3. use or threaten the immediate use of a dangerous instrument; or
4. display what appears to be a pistol, shotgun, rifle, revolver, machine gun, or another firearm.

Contact an NYC Robbery Attorney

If you are facing robbery charges in New York, you should not hesitate to contact Mark I. Cohen, an experienced NYC robbery attorney. Mark I. Cohen can help you maximize your chances of preserving your freedom, assets, and reputation. Call 212-732-0002 today to schedule a consultation.

Resource:

nysenate.gov/legislation/laws/PEN/160.00