Bronx Robbery Lawyers

What Constitutes Robbery?

When you take something that doesn’t belong to you, it is generally considered to be robbery. This is true whether the item was taken by force, coercion or any other means. However, just because you have been charged with this crime doesn’t actually mean that you are guilty.

The general definition for robbery is larceny committed with violence and/or threat of violence. Larceny is the act of taking property belonging to another without their permission and with the intent to permanently deprive. In the Bronx, robbery is a criminal charged outlined by New York penal law.

Defense Strategies and Considerations

Intent to Take and Keep Property

To be considered robbery, there needs to be an intent on your part to take someone else’s property and not give it back. Therefore, if you merely borrowed something and forgot to return it, it is unlikely that a robbery charge would stick. The same would also apply if you took back an item that a neighbor or friend borrowed and had never returned. An attorney may use witness statements or other evidence that may cast doubt on that you blatantly took an object and intended to keep it in your possession.

Coercion as a Defense

An attorney may argue that you were coerced into committing a crime such as robbery. For example, it may be possible to say that you were told to go steal a car by someone who threatened to hurt you if it wasn’t taken. An individual may also have compelled you to commit an act by threatening your spouse, children or other family members. While this may not absolve you of guilt entirely, it could make you look more sympathetic in the eyes of a jury.

Justifiable Reasons for the Crime

From a legal perspective, a person is guilty of robbery by taking property that doesn’t belong to them. It doesn’t matter why you committed the crime or why you believe it was justified. However, a jury may not want to convict a person who stole bread or fruit needed to feed a young child. Instead, it is likely that a case would be dropped or a plea agreement negotiated.

Evidence Suppression

There are many reasons why evidence would be suppressed in a case. For example, perhaps the police failed to read your rights prior to making an arrest. It is also possible that a police officer violated your right to privacy by searching your car or home without a warrant. In the event that evidence is obtained illegally, it is usually thrown out. This means that a jury won’t see it or be able to consider it when deciding your fate.

Depending on the strength of a case without that evidence, the case could be dismissed or a mistrial declared. If evidence is not suppressed that you believe should have, it may provide grounds to appeal a conviction. Your attorney will try to create an argument as to why evidence should be suppressed or considered irrelevant to the case at hand.

DEFENSE TEAM SPOTLIGHT

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Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

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Likelihood of Acquittal

There is no guarantee that a jury will choose to acquit an individual in a robbery case. However, there are things that you can do to help your chances of obtaining one. One tip is to be sure to listen to your attorney’s advice when it comes to talking to authorities or to the media as the case unfolds. Staying quiet is generally the best way to avoid making mistakes.

Legal Scenario: What Would You Do?

Scenario

You were walking home from a corner store in the Bronx when police stopped you and claimed a witness identified you as the person who snatched a woman's purse two blocks away. You were arrested and charged with robbery in the third degree, even though you had no stolen property on you and insist it was a case of mistaken identity.

Can I really be convicted of robbery when nothing was found on me and the only evidence is one witness who saw someone from a distance?

Attorney's Answer

Under New York Penal Law § 160.05, robbery in the third degree requires proof that you forcibly stole property from another person, and the prosecution must establish every element beyond a reasonable doubt. A single eyewitness identification—especially a cross-racial or distant identification made under stress—can be challenged through expert testimony on the unreliability of such identifications. Your attorney can file a motion for a Wade hearing to test whether the identification procedure was unduly suggestive, which could result in the ID being suppressed entirely. Without physical evidence linking you to the crime, a strong defense built around misidentification and lack of corroboration gives you a real opportunity to fight these charges.

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

Furthermore, it is critical that you give your attorney as many details as possible to work with in a given matter. This makes it easier to create a narrative that works to your advantage and creates enough doubt in a juror’s mind to vote to acquit.

New York Penal Code Article 160: Robbery Definition