Robbery Defense Lawyer

Handling All Robbery Cases Throughout New York City’s Five Boroughs

The NYPD takes robbery accusations very seriously. An experienced Manhattan theft defense lawyer is the critical first step in dealing with any accusation involving this crime.

Having a robbery conviction on your criminal record can drastically limit your job options, preventing you from getting ahead in life. When you work with our criminal defense team at Konta Georges & Buza P.C., they will do everything in their power to limit the impact an arrest, allegation or conviction can have on your future. Our lawyers are well-respected throughout the area because they know the law and know how to get results.

Understanding The Difference Between Robbery And Other Theft Crimes

People often use the term robbery interchangeably with other acts that involve stealing. Robbery is defined as using force or the threat of force to affect the stealing of the property. So, if someone shoplifts, they are not committing a robbery unless they are using force (or the threat of force) to either steal the property or to get away once they’ve stolen the property. Usually when a person says they were mugged, what they are legally saying is they were robbed.

Robbery is a very serious crime and is almost always a felony. In New York, laws against robbery are codified in New York State Penal Law Article 160.

Legally Defining Robbery

The penal code defines robbery as forcible stealing. Penal code section 160.00 defines forcible stealing as a situation when “in the course of committing a larceny, a person uses or threatens the immediate use of physical force upon another person for the purpose of either: (i) Preventing or overcoming resistance to the taking of the property or to the retention of the property immediately after the taking; or (ii) 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.”

The Use Of Force

The important thing to remember when it comes to the robbery is that the use of force or threat of force must be immediate if the property isn’t handed over. A threat of force at a later time is not robbery. So if someone says “give me weekly payments or I will hurt your family,” that is not robbery. It is extortion.

The most basic form of the crime in New York is robbery in the third degree, which is defined as forcibly stealing property. As you add aggravating factors to that basic crime, you get enhancements into higher forms of robbery. For example, if two or more people commit the robbery or if a nonparticipant in the crime suffers a physical injury, then a participant in the crime is guilty of robbery in the second degree. Examples of robbery in the first degree include situations in which a loaded and operable gun is used or if the robbery victim suffers serious physical injury.

Below are the applicable sanctions in New York for the various forms of robbery and what the government needs to prove.

Robbery In The First Degree

Robbery in the first degree is a very serious crime. It is codified in penal code section 160.15.

If a person with no prior felony convictions is convicted of robbery in the first degree, the minimum period of incarceration is five years and the maximum is 25 years. If the person has been previously convicted of a prior felony within 10 years of the new conviction, excluding time spent in prison, the minimum period of incarceration is eight years and the maximum is 25 years.

If the person has been previously convicted of a violent felony within the past 10 years of the new conviction, excluding time spent in prison, the minimum period of incarceration is 10 years and the maximum period is 25 years. In all circumstances, the person is forced to be on parole between 2 1/2 to five years.

There are four subsections of robbery in the first degree:

For the government to sustain a conviction for robbery in the first degree (subsection one), the government needs to prove the following two elements beyond a reasonable doubt.

The government needs to prove:

• The person forcibly stole property.
• In the course of the commission of the crime, or in the immediate flight from the crime, the person or another participant in the crime, caused serious physical injury to a nonparticipant in the crime.

For the government to sustain a conviction for robbery in the first degree (subsection two), the government needs to prove the following two elements beyond a reasonable doubt.

Per 160.15(3), the government needs to prove:

• The person forcibly stole property.
• In the course of the commission of the crime, or in the immediate flight from the crime, the person or another participant in the crime, was armed with a deadly weapon.

For the government to sustain a conviction for robbery in the first degree (subsection three), the government needs to prove the following two elements beyond a reasonable doubt.

Per 160.15(4), the government needs to prove:

• The person forcibly stole property.
• In the course of the commission of the crime, or in the immediate flight from the crime, the person or another participant in the crime, possessed a dangerous instrument and used or threatened the immediate use of that dangerous instrument.

For the government to sustain a conviction for robbery in the first degree (subsection four), the government needs to prove the following two elements beyond a reasonable doubt.

The government needs to prove:

• The person forcibly stole property.
• In the course of the commission of the crime, or in the immediate flight from the crime, the person or another participant in the crime, displayed what appeared to be a pistol, revolver, rifle, shotgun, machine gun or another firearm.

With regard to this subsection, it is an affirmative defense that the pistol, revolver, rifle, shotgun, machine gun or other firearm was not loaded or was incapable of firing a shot. This means if the person can show at trial that it was more likely than not that the gun wasn’t loaded or was broken, then the person is not guilty of first-degree robbery but is rather guilty of second-degree robbery (penal code Section 160.10[2][b]).

Robbery In The Second Degree

Robbery in the second degree is codified in New York State Penal Law Section 160.10. It is a class C violent felony.

If a person with no prior felony convictions is convicted of this crime, the minimum period of incarceration is three and a half years in prison and the maximum is 15 years in prison. If the person has been previously convicted of a prior felony within 10 years of the new conviction, excluding time spent in prison, the minimum period of incarceration is five years and the maximum is 15 years.

If the person has been previously convicted of a violent felony within the past 10 years of the new conviction, excluding time spent in prison, the minimum period of incarceration is seven years and the maximum period is 15 years. If a person has prior felony convictions, he must serve five years parole after his sentence is over. If the person has no prior felonies, he must serve two and a half to five years on parole.

There are three main subsections of robbery in the second degree. The second subsection as its own two subsections.

160.10(1): For the government to sustain a conviction for robbery in the second degree (subsection one), the government needs to prove the following two elements beyond a reasonable doubt.

The government needs to prove:

• The person forcibly stole property.
• The person was aided in doing so by another person who was actually present.

160.10(2)(a): For the government to sustain a conviction for robbery in the second degree (subsection 2-A), the government needs to prove the following two elements beyond a reasonable doubt.

The government needs to prove:

• The person forcibly stole property.
• In the course of the commission of the crime, or in the immediate flight from the crime, the person or another participant in the crime, caused physical injury to a nonparticipant in the crime.

160.10(2)(b): For the government to sustain a conviction for robbery in the second degree (subsection 2-B), the government needs to prove the following two elements beyond a reasonable doubt.

The government needs to prove:

• The person forcibly stole property.
• In the course of the commission of the crime or in the immediate flight from the crime, the person or another participant in the crime displayed what appeared to be a pistol, revolver, rifle, shotgun, machine gun or other firearms.

160.10(3): For the government to sustain a conviction for robbery in the second degree (subsection three), the government needs to prove the following two elements beyond a reasonable doubt.

The government needs to prove:

• The person forcibly stole property.
• The property consisted of a motor vehicle.

Robbery In The Third Degree

Robbery in the third degree is codified in penal code Section 160.05. It is a class D felony. It is classified as a nonviolent felony.

There is no minimum period of mandatory incarceration if a person with no prior felony convictions is convicted of robbery in the third degree, however, the maximum period of incarceration is an indeterminate sentence of 2 1/3 to seven years. An indeterminate sentence is one in which the person is sentenced to a range and the department of corrections determines how much of that range the person must serve before they are eligible for release.

If the person has been previously convicted of a prior felony within 10 years of the new conviction, excluding time spent in prison, the minimum period of incarceration is two to four years and the maximum is 3 1/2 to seven years. There is no period of mandatory parole after the person is released from custody.

There are no subsections for robbery in the third degree.

160.05: For the government to sustain a conviction for burglary in the third degree, the government needs to prove three elements beyond a reasonable doubt.

The government needs to prove, among other things that the person forcibly stole property from another person.

There are some terms of art that have their own legal definitions:

• A person steals property and commits larceny when with the intent to deprive another of property or to appropriate the property to themselves or to a third person, such person wrongfully takes, obtains, or withholds property from the owner of the property. Forcible stealing occurs when, in the course of committing a larceny, a person uses or threatens the immediate use of physical force upon another person for the purpose of either: (i) Preventing or overcoming resistance to the taking of the property or to the retention of the property immediately after the taking; or (ii) 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.
• A serious physical injury means impairment of a person’s physical condition which creates a substantial risk of death, or which causes death, or serious and protracted disfigurement, or protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
• Physical injury means the impairment of a person’s physical condition or substantial pain.
• Dangerous instrument means any instrument, article, or substance, including a vehicle, which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or other serious physical injuries. Robbery in the third degree is a serious crime. Do not hesitate to contact us for a free consultation if you or a loved one is accused of this crime.
• Deadly weapon means any loaded weapon from which a shot, readily capable of producing death or other serious physical injuries, may be discharged or a switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack or metal knuckles.

Get The Top-Notch Advice You Need To Fight These Charges

Take the first step toward protecting your rights and your future when you contact our firm. We offer free initial consultations because we want to help you make smart choices before it’s too late.

Email or call Konta Georges & Buza P.C. at 212-710-5166 to arrange your free consultation.