NYC Armed Robbery Lawyers

Armed Robbery in New York
Armed robbery is a type of robbery that is defined under the New York Penal Law. To be charged with armed robbery in New York, force must have been used in the act. In addition, a deadly weapon must be used to be charged with armed robbery. Deadly weapons may include knives or guns, and if an individual is found guilty of armed robbery, he or she will face a first degree charge, which is punishable in New York with a prison sentence up to 25 years.

If you are facing armed robbery charges, it is vital that you contact a skilled New York criminal defense attorney with experience handling armed robbery cases. An attorney can review the facts that surround the case and develop a defense strategy that will increase the chances of a successful outcome.

In New York, armed robbery is defined as an act of committing larceny by using forcible threats or physical force to take possession of another individual’s property. According to New York Penal Code 160.05, larceny is when an individual wrongfully takes, obtains, or withholds property from another individual with the purpose to deprive the victim of his or her possessions. In addition, when an individual uses a deadly weapon as a way to scare or imitate another individual, the charge will no longer be considered robbery in the third degree but will become robbery in the first degree.

According to New York Penal Code 10.00(12), a deadly weapon is defined as a deadly weapon, which may include a gravity knife, dagger, plastic knuckles, brass knuckles, metal knuckles, a switchblade knife, or gun.

The use of a gun or another deadly weapon is an important factor that supports a first degree robbery charge. If the prosecution fails to present sufficient evidence that proves a deadly weapon was used in the act, it is considered a valid defense in New York courts.

An example of this situation is the People vs. Grant, 935 N.Y.S.2d 542 (2011). The defendant was charged with robbing a bank because he showed a bank teller a letter that stated he had a gun. As a result, the bank teller adhered to the bank robber’s request for money. During the trial, the defense team argued that the defendant did not actually have a gun, and the letter was not valid evidence to show that he was in possession of a gun. Although the defendant was convicted of robbery in the first degree at the conclusion of his first trial, his conviction was eventually reversed during an appeal. The appeals court agreed that the note carried by the defendant was not sufficient evidence to show the defendant actually had a gun.

Many individuals commit armed robbery using a knife. Although the statue lists numerous types of knives as deadly weapons, nearly every type of knife that is used during a robbery will result in an armed robbery charge. One example is the People v. Samuel, 931 N.Y.S.2d 403 (2011). In this case, the defendant was convicted of armed robbery because a folding knife was used during the act.

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What are the Penalties for Armed Robbery?
An individual who is convicted of a first degree charge due to armed robbery will be sentenced to a minimum of five years in prison. Moreover, the sentence will more than likely include that the individual participate in post-release supervision and could face restitution and a fine. Armed robbery is a Class B felony, so the maximum sentence is typically 25 years in prison. However, the length of an armed robbery sentence is also influenced by an individual’s past criminal record.

Legal Scenario: What Would You Do?

Scenario

You were identified by a convenience store clerk as the person who held them at knifepoint and took cash from the register last week in Manhattan. Police arrested you at your apartment and charged you with first-degree robbery, even though you insist you were at a friend's house that night.

What am I facing with an armed robbery charge in New York, and is there any way to fight this if I have an alibi?

Attorney's Answer

Under New York Penal Law § 160.15, first-degree robbery involving a deadly weapon like a knife is a Class B violent felony carrying 5 to 25 years in prison. An alibi defense can be powerful, but you must serve a Notice of Alibi on the prosecution within a specific timeframe under CPL § 250.20, identifying your witnesses and location. We would also scrutinize the eyewitness identification procedures used by police, since misidentification is one of the leading causes of wrongful convictions and can be challenged through Wade hearings. Our team would immediately begin gathering surveillance footage, phone records, and witness statements to build the strongest possible defense.

This is general information only. Contact us for advice specific to your situation.

If you are facing an armed robbery conviction, contact Federal Lawyers. For more than 40 years, the talented team of criminal defense attorneys have been serving those in the New York area.