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Our Manhattan criminal defense lawyers handle Robbery cases in Manhattan, the Bronx, Brooklyn, Queens, and throughout New York State. Our lawyers have experience handling First Degree Robberies, Second Degree Robberies, and Third Degree Robberies.
The crime of Robbery is set out in Article 160 of the Penal Law. Pursuant to Article 160, there are three elements to a Robbery:
(1) the defendant must steal property, and
(2) the defendant must either use or threaten the use of physical force upon another individual,
(3) with the intent of stealing the property.
Simply stated, it is the use or threat of violence that distinguishes a robbery from ordinary larceny. It is the immediate nature of the threat that distinguishes robbery from larceny by extortion.
Robbery in the Third Degree
Robbery in the third degree is set out in Penal Law § 160.05. It is a Class D Felony and carries up to seven years in jail. To be guilty of robbery in the third degree, a person must forcibly steal property. A person can still be convicted in robbery in the third degree even if the person does not use or display a weapon. A person may can also be convicted of robbery in the third degree even if the victim is not physically injured, or even touched.
Robbery in the Second Degree
Robbery in the second degree is set out in Penal Law § 160.10. It is a Class C Violent Felony and carries a minimum 3.5 years in prison and a maximum 15 years. There are two elements to robbery in the second degree. First, a person must forcibly steal property. Second, that person must either: (i) be aided by another person; (2) cause physical injury to another person; or (3) display a firearm. Additionally, a third degree robbery is upgraded to a second degree robbery if a person forcibly steals a car, truck, SUV, motorcycle, or snowmobile.
Robbery in the First Degree
Robbery in the first degree is set out in Penal Law § 160.15. It is a Class B Violent Felony and carries a minimum of five years in prison and a maximum 25 years. There are four elements which distinguish robbery in the first degree from robbery in the third degree, which again is defined as the forcible stealing of property.
First, a person is guilty of robbery in the first degree when that person causes serious physical injury to another person. Second a person is guilty of robbery in the first degree when that person forcibly steals property while armed with a deadly weapon such as a gun, a switchblade knife, a gravity knife, a dagger, a blackjack or various other types of weapons set out in New York Penal Law § 10.00(12). Third a person is guilty of robbery in the first degree when that person forcibly steals property with another while armed with a dangerous instrument which is defined in New York Penal Law § 10.00(13) as “any instrument, article or substance… which, under the circumstances in which it is used… is… capable of causing death or other serious physical injury.”
If you or a loved one have been charged with Robbery you should contacted a skilled and experienced Robbery lawyer without delay to ensure that your rights are protected. Our Manhattan Criminal Defense Lawyers offer free consultations 24 hours a day, seven days a week.