Bronx Robbery Lawyers

Robbery Charges in the Bronx: Understanding Your Rights and Defense Options

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.

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.

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

According to Article 160, robbery is forcible stealing. “Forcible stealing” is property taken with the intent to permanently deprive and with threat of physical force or actual physical force. In the Bronx, forcible stealing can occur in one of two ways.

The first circumstance is to compel the property owner or another individual to give up the property. This can also occur when a person helps another in the act of larceny. In the second circumstance, the person is accused of taking and keeping someone’s property by force.

Degrees of Robbery in the Bronx

In the Bronx, a robbery charge is separated into three crimes:

• First degree robbery
• Second degree robbery
• Third degree robbery

First Degree Robbery

According to P.L. 160-07, first degree robbery in the Bronx involves:

• Forcible stealing
• Done with the use of a deadly weapon or instrument that can cause physical harm
• Causes serious physical harm to an innocent individual

Second Degree Robbery

According to P.L. 160-5, second degree robbery is forcible stealing done when:

• A person aids another in the robbery
• During the commission of another crime or immediately after a crime
• The property stolen is a motor vehicle

Third Degree Robbery

Forcible stealing in the Bronx occurs when a person takes property that is not theirs using violence and/or threat of violence. Forcible stealing is also a third degree crime when done during the commission of another crime or after a crime has been committed.

Punishment for Robbery in the Bronx

If convicted, the punishment varies according to the offense. The court may impose a fine of $5,000 or double the amount of money obtained from the robbery. It depends on the higher amount.

Prison Sentences by Degree

The prison sentence is as follows:

• First degree robbery is a Class B felony punishable by 10 to 25 years in prison
• Second degree robbery is a Class C felony punishable by seven to 15 years in prison
• Third degree robbery is a Class D felony punishable by two to seven years in prison

Defenses to Robbery Charges

The defense to robbery depends on the circumstances involved. For instance, you can claim the firearm was not loaded or capable of discharging in a first-degree robbery charge. Other defenses include entrapment, duress or infancy. Infancy refers to the accused being under 14 years old.

Attacking the Elements of the Crime

It is always an option to attack each element of the crime as a defense. For instance, you did not use a deadly weapon. The lack of a deadly weapon negates the violence part of a larceny charge. We can also attack the element of larceny. This means we show that you did not take property that was not yours with the intent to permanently deprive the owner.

Get Legal Help Today

If you have been charged with robbery, be sure to speak with an attorney as soon as possible. Doing so may make it easier to craft a defense to the charge that may lead to having charges dropped or a favorable plea deal.

You have the right to defend yourself in a robbery charge. We will help you. Whether you are ready to fight your case in court or want us to work to get the charge reduced or dropped, we are here for you. Don’t deal with Bronx Robbery charges alone. Speak to the Spodek Law Group today.