Are you facing robbery charges in Long Island? As you probably know, the consequences for your rights and future could be dire if your case ends in a conviction. At this moment, you may be feeling overwhelmed, anxious, and fearful about what might happen next. The steps you take now could define the course of the rest of your life.
With so much at stake, working with an experienced criminal defense attorney is crucial for your chances of protecting your liberty. When you enlist the services of Michael A. Arbeit, P.C., you will have direct access to the support and advocacy that can make all the difference at this crucial time. Call us today or contact us online for a free and confidential consultation with a robbery defense lawyer in Freeport, New York.
Definition of Robbery
The state of New York defines robbery as the crime of forcible stealing. According to New York Penal Law § 160.00, a person commits robbery when they use or threaten the immediate use of physical force upon another person while committing a larceny. The purpose of using force must be to either:
- Prevent or overcome resistance to the taking of the property or its retention immediately after the taking
- Compel the owner of the property or another individual to deliver the property or engage in behavior that aids in the commission of the larceny
Elements of Robbery
To prove that a person is guilty of robbery, prosecutors must establish the following elements beyond a reasonable doubt:
- The defendant committed a larceny, which is the wrongful taking, obtaining, or withholding of someone else’s property with the intent to deprive the owner of it
- The defendant used or threatened the immediate use of physical force upon another person
- The defendant’s use or threat of force was for the purpose of preventing or surmounting resistance to the taking of the property, retaining the property after the taking, or compelling the owner or another person to deliver the property or aid in the larceny
Aggravating Factors
Several aggravating factors can elevate the severity of a robbery charge in New York, leading to harsher penalties upon conviction.
Robbery in the Third Degree (Class D felony)
Third-degree robbery is the basic level of robbery, involving forcible stealing without any aggravating factors.
Robbery in the Second Degree (Class C felony)
A person commits second-degree robbery when they forcibly steal property and:
- Are aided by another person actually present; or
- In the course of the crime or immediate flight, they or another participant cause physical injury to a non-participant, display what appears to be a firearm, or steal a motor vehicle.
Robbery in the First Degree (Class B felony)
First-degree robbery occurs when a person forcibly steals property and, during the crime or immediate flight, they or another participant:
- Cause serious physical injury to a non-participant; or
- Are armed with a deadly weapon; or
- Use or threaten the use of a dangerous instrument; or
- Display what appears to be a firearm (unless proven to be unloaded and incapable of causing death or severe injury).
Penalties for a Robbery Conviction in New York
The penalties for a robbery conviction in New York depend on the severity of the charge and the presence of aggravating factors. Potential sentences for each degree of robbery include:
- Third-degree robbery (Class D felony): Up to 7 years in prison
- Second-degree robbery (Class C felony): Up to 15 years in prison
- First-degree robbery (Class B felony): Up to 25 years in prison
In addition to prison time, a person convicted of robbery may face significant fines, restitution to the victim, and a permanent criminal record that can affect their future employment, housing, and other opportunities.
Potential Defenses in a Robbery Case
If you are facing robbery charges, an experienced criminal defense attorney can help you explore potential defenses based on the unique circumstances of your case. Some common defenses in robbery cases include:
- Lack of intent – If you did not aim to permanently deprive the owner of their property, your attorney may argue that you lacked the necessary intent to commit robbery.
- Mistaken identity – If another party wrongly has identified you as the perpetrator, your attorney can challenge the identification process and present evidence of your innocence.
- Duress – If you were forced to commit the act under threat of harm to yourself or others, your attorney may argue that you acted under duress and should not be held fully responsible.
- Entrapment – If law enforcement officers induced you to commit the robbery when you otherwise would not have done so, your attorney might raise an entrapment defense.
- Insufficient evidence – Your attorney can challenge the prosecution’s evidence and argue that it is insufficient to prove your guilt beyond a reasonable doubt.
- Constitutional violations – If law enforcement violated your constitutional rights during the investigation or arrest, your attorney may seek to have evidence suppressed or charges dismissed.
Remember, every case is unique, and the most appropriate defense strategy will depend on your specific situation. Working closely with a skilled New York robbery defense lawyer is essential to protecting your rights and achieving the most favorable outcome possible in your case.
Contact Our Experienced Long Island & New York Criminal Defense Lawyer Today
If you have been charged with robbery in New York, time is of the essence. Prosecutors move swiftly to build a solid case against defendants, and it is crucial that you have someone on your side who will protect your rights. For more than 20 years, Michael A. Arbeit, P.C., has offered high-quality legal services for individuals facing criminal charges. With our team on your side, you can optimize your chances of avoiding the harshest outcomes of a robbery conviction. Call us today or contact us online for a free consultation.
Michael A. Arbeit, P.C. assists clients throughout Long Island, including Nassau County, Suffolk County, Garden City, Freeport, and New York, including Queens, Brooklyn, Manhattan, Staten Island, and The Bronx.
S 160.00 Robbery; defined.
Robbery is forcible stealing. A person forcibly steals property and
commits robbery when, in the course of committing a larceny, he uses or
threatens the immediate use of physical force upon another person for
the purpose of:
1. Preventing or overcoming resistance to the taking of the property
or to the retention thereof immediately after the taking; or
2. Compelling the owner of such property or another person to deliver
up the property or to engage in other conduct which aids in the
commission of the larceny.
S 160.05 Robbery in the third degree.
A person is guilty of robbery in the third degree when he forcibly
steals property.
Robbery in the third degree is a class D felony.
S 160.10 Robbery in the second degree.
A person is guilty of robbery in the second degree when he forcibly
steals property and when:
1. He is aided by another person actually present; or
2. In the course of the commission of the crime or of immediate flight
therefrom, he or another participant in the crime:
(a) Causes physical injury to any person who is not a participant in
the crime; or
(b) Displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm; or
3. The property consists of a motor vehicle, as defined in section one
hundred twenty-five of the vehicle and traffic law.
Robbery in the second degree is a class C felony.
S 160.15 Robbery in the first degree.
A person is guilty of robbery in the first degree when he forcibly
steals property and when, in the course of the commission of the crime
or of immediate flight therefrom, he or another participant in the
crime:
1. Causes serious physical injury to any person who is not a
participant in the crime; or
2. Is armed with a deadly weapon; or
3. Uses or threatens the immediate use of a dangerous instrument; or
4. Displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm; except that in any prosecution under this
subdivision, it is an affirmative defense that such pistol, revolver,
rifle, shotgun, machine gun or other firearm was not a loaded weapon
from which a shot, readily capable of producing death or other serious
physical injury, could be discharged. Nothing contained in this
subdivision shall constitute a defense to a prosecution for, or preclude
a conviction of, robbery in the second degree, robbery in the third
degree or any other crime.
Robbery in the first degree is a class B felony.