Brooklyn Robbery Lawyer
The general definition for robbery is larceny committed with violence, intimidation, threat of violence or force. Larceny in New York is defined in a complex way. It is the unlawful and intentional taking of items done with the intent to permanently deprive. However, in New York robbery is defined under state penal code 160.
If you or your loved one is accused of robbery, contact a defense lawyer immediately. You want to start fighting the case immediately. You may be able to get the charged reduced or dismissed.
What is Considered Robbery in Brooklyn?
The statutory definition of robbery is that it is forcible stealing. The term “forcible stealing” is the act of committing larceny while using or threatening to use immediate physical force upon the victim. The threats, intimidation or force is done for the purpose for one of two reasons.
The first reason is to prevent or overpower the victim’s resistance so that you could allegedly take the property. You may allegedly threaten or use force of the victim to keep the property you allegedly obtain from them during the robbery.
The second reason that force or threats are used is to compel the victim to allegedly give the property over to you. You may be accused of engaging in conduct to aid the crime of larceny. This means that you did not forcibly take an item, but you helped take the item from the alleged victim.
First Degree Robbery in Brooklyn
You can be convicted of first degree robbery when you forcibly steal property. During the course of stealing that property, you are accused of committing an aggravating factor such as:
• Causing someone to be serious physically injured
• Using a deadly weapon
• Using or threatening a victim with a dangerous object. This can be an object that is used to cause physical injury such as stick.
• You showed a weapon such as a firearm during the robbery
Robbery in the first degree is a Class B felony. This means that you face 10 to 25 years in prison plus a $5,000 fine. If you do not pay a fine, you may be ordered to pay double the amount you allegedly stole from the victim.
Second Degree Robbery in Brooklyn
You can be found guilty of second-degree robbery when you forcibly steal property from a person and/or:
• During the course of the crime or fleeing from the crime, you cause someone physical injury or you display a deadly weapon. The weapon doesn’t have to be real. You can point your finger and claim you have a deadly weapon and be accused of second degree robbery.
• You helped another person commit the actual robbery
• You are accused of stealing a vehicle
Second degree robbery is a Class C felony. You face seven to 15 years in state prison, if you are convicted of robbery.
Third Degree Robbery in Brooklyn
You can be convicted of third degree robbery when forcibly steal property. You commit no other action such as helping another person commit robbery. The punishment for this crime is two to seven years in prison. It is a Class D felony.
Defenses to a Robbery Charge in Brooklyn
The outcome of your case isn’t known yet. Remember, you are just facing a robbery charge. You have a variety of defenses you can use to avoid the harsh robbery penalties. For example, you may use the defense of duress or entrapment. Duress involves being forced to commit a crime because you and/or family are threatened. If you didn’t rob the victim, you will be harmed or killed. Another defense is that you have an alibi for the night you are accused of robbery. Thus, you didn’t commit the crime.
We are Your Brooklyn Robbery Lawyers
If you or your family member was accused of robbery, there’s no time to be afraid of what could happen. It’s time to fight the charge with our legal help. You have the right to defend yourself and prove your innocence. You also have the right to hire a legal team who will protect your constitutional rights and provide a solid defense. Our law firm will help you. Contact us today for a free consultation.
Don’t deal with Brooklyn Robbery Lawyer alone. Speak to the Spodek Law Group today.
Brooklyn Robbery Lawyer
Robbery in Brooklyn is outlined under New York’s Penal Code Article 160. This section explains the three degrees of robbery in Brooklyn: first, second and third-degree robbery.
What is Robbery?
The general definition of robbery includes larceny. Larceny is the crime of taking property does not belong to you. In addition to allegedly taking the property, you are accused of having the intent not to give the property back to the owner. Robbery builds on the larceny definition because force, intimidate or threat of force is used to take the property from the owner. Robbery still includes the intent to permanently deprive the owner of their property.
Robbery in Brooklyn is Larceny Committed with Violence, Threat of Force or Intimidation
In Brooklyn, robbery is larceny done with violence, threat of violence or intimidation. New York refers to this as forcible stealing. Forcibly stealing means you are accused of unlawfully taking property that belonged to another person. You allegedly took the property by use of force that may or may not include physical force or a weapon.
A weapon is an instrument used to cause physical harm. It can range from a firearm to a baseball bat or knife.
A robbery charge is separated into separate crimes:
• First degree robbery
• Second degree robbery
• Third degree robbery
First Degree Robbery in the Bronx May Involve another Crime
An individual is accused of a robbery in the first degree when they forcibly steal property belonging to someone else. It is also a crime when they, in the commission of another crime, steals property belonging to another individual. The elements of first degree robbery are:
• You are accused of causing serious physical injury to another person who was not participating in the crime. This person in an innocent victim like the property owner.
• You were armed with a deadly weapon and/or;
• You threaten to or used a dangerous instrument that could cause physical harm
First degree robbery is a Class B felony punishable by 10 to 25 years in prison.
Robbery in the Second Degree involves a Motor Vehicle or Crime
In the Bronx, you can be accused of second degree robbery in one of three ways. You can be accused of helping another individual commit robbery. The alleged robbery occurred during or after a different crime. You allegedly stole a motor vehicle.
Second degree robbery is a Class C felony punishable by seven to 15 years in prison.
Third Degree Robbery Charge does not Involve a Dangerous or Deadly Weapon
Robbery in the third degree in the Bronx is forcible stealing. The taking of property with the intent to keep the property is done with violence, but without the use of a weapon. For example, a person may be accused of third degree robbery if they snatch a woman’s purse.
Third degree robbery is a Class D felony punishable by two to seven years in prison.
Charged with Robbery in Brooklyn? Contact Us Immediately.
Many innocent people are accused of robbery in Brooklyn. If you or a family member is accused of robbery, it is time to fight your criminal charge. We can do this in a variety of ways. The first way is to determine the best defense for you. This defense is based on specific circumstances like whether you have an alibi or if you did not commit any element of robbery such as forcible stealing.
We can also challenge the prosecutor’s case prior to trial to get the charge dismissed or reduced. Contact us today and let’s start working on putting this robbery charge behind you.