Robbery in New York City is just one of several crimes related to theft, as defined by the penal code in the state. Embezzlement, burglary, grand larceny, and petit larceny are just a few of the other types that you might be familiar with. If you are charged with robbery in the city, know that it is a serious offense with life changing consequences if you are convicted. This is because, by definition, robbery involves some type of force. This could be in the way of physical threats, or actual force that is used in the commission of the crime. Using a gun in the commission of a robbery, for example, is an illustration of just how serious the charge can be. However, if you were just to be caught putting a few items in your bag on your way to the car, the charge would be petit larceny. This would carry a lighter sentence.
Robbery is a felony in New York City. As such, the sentence can range from a few years in prison up to quite a few depending on the severity of the charge and the circumstances revolving the commission of the crime. If you have been charged with such a crime, you will want to contact the Law Office of Robert Tsigler right away. It is important to carefully consider your defense relative to the specific charge that las been lodged against you. Following is a brief overview of robbery related charges in New York City.
Third Degree Robbery
This is a class D Felony. You will likely be charged with this type of crime if you actually used some type of physical force in an effort to prevent the victim from stopping the robbery. You can also be charged with robbery in the third degree if you used physical force to compel another person to hand over their property to you. This charge comes from New York Penal Code 160.05 which states that it is against the law to take another person’s property, or withhold it from them, with the express purpose of denying that individual the right to their own property.
Keep in mind that you do not actually have to use physical force to be charged with this type of robbery. The mere threat will be enough to be charged with third degree robbery if you follow through with the denying another person his or her own property. Just placing your hand in your own clothes is enough to get charged with this crime if the action is done to make another person believe that you are in possession of some type of weapon.
Second Degree Robbery
Robbery in the second degree is classified as a class C felony in New York. You can be charged with this crime if another person helped you to commit the crime. This is commonly known as an accomplice liability. You can also be charged with this degree of robbery if you were to have actually shown that you have a weapon as you committed the crime, or if you hurt the another person or third person as you steal the property. It is important to note here that you do not actually have to show a gun during the commission of a robbery to be charged with this offense. If you were to brandish the weapon as you flea the scene, you could still be charged with robbery in the second degree.
First Degree Robbery
This is most serious type of charge in this category, and a conviction will result in a class B felony. Along with this will come a hefty prison sentence and possible financial penalties. To be charged with robbery in the first degree, you will need to either cause some type of serious physical injury to the person being robbed, or you will need to have been armed with some type of deadly weapon at the time the crime was committed.
Robbery of any type is a serious charge. Remember that you are innocent until proven guilty. It is important to have an experienced lawyer on your side, contact our office as soon as possible. This will give you the possible defense.
