Queens Robbery Lawyers

| by Max Soni

Last Updated on: 23rd August 2023, 01:06 am

Robbery Laws in Queens, New York

Definition and Differences

According to New York Penal Code Article 160, robbery is defined when an individual uses threat of physical force to take property from another individual. The difference between theft and robbery is that force or threat of force must be used to carry out the act. To be charged with robbery, the prosecution must establish that the accused committed larceny and threatened or used physical force against another individual to take property.

Degrees of Robbery Charges

There are three degrees of charges for robbery in New York:

Third Degree Robbery

Robbery in the third degree is when an individual uses threats of physical force to take another individual’s property. There must not be any other aggravating factors to be charged with robbery in the third degree.

Second Degree Robbery

Robbery in the second degree is when an individual forcibly takes property of another individual and is aided by an accomplice. Furthermore, an individual can also be charged with robbery in the second degree if he or she caused physical injury to another individual who was not a participant in the criminal act or uses what appears to be a revolver, rifle, pistol, machine gun, or shotgun. If the property taken was a motor vehicle, the accused will be charged with robbery in the second degree.

First Degree Robbery

An individual can be charged with robbery in the first degree when he or she causes serious physical harm to any individual who was not a participant in the criminal act. When a dangerous instrument or deadly weapon was used to forcefully take property from another individual, the accused will be charged with robbery in the first degree.

Penalties for Robbery Conviction

Each robbery degree will correspond with a different class of felony:

Third Degree Robbery Penalties

If an individual is charged with robbery in the third degree, he or she will face a Class D non-violent felony. While this is the least serious of robbery offenses in New York, it still carries a heavy penalty. Those who are convicted of robbery in the third degree will face a sentence that can range from two to seven years in prison.

Second Degree Robbery Penalties

Robbery in the second degree is a class C violent felony. An individual who is convicted of a Class C violent felony must serve between three and a half to 15 years in prison. Those who are convicted of a Class C felony may also have to go through a probation period once they have served their prison sentence.

First Degree Robbery Penalties

Robbery in the first degree is a Class B violent felony. Individuals who are first time offenders without a criminal history will face a sentence of five years in prison. The maximum sentence for this offense is 25 years in prison, but the sentence could be longer if the accused is a repeat robbery offender.

Possible Defenses to a Robbery Charge

For a conviction, it is the burden of the prosecuting attorney to provide evidence that proves beyond a reasonable doubt that the accused is guilty of robbery. There are numerous defense strategies that can be used to fight a robbery charge that include:

• Mental defect or disease;
• The accused is under the age of 14;
• Entrapment;
• Duress.

Furthermore, for first-degree robbery charge, if a firearm was used during the robbery that was not loaded or capable of being discharged, then the defendant could be charged with a lesser degree of robbery.

Importance of Legal Representation

Why You Need a criminal Defense Attorney for a Robbery Charge: If you have been charged with robbery, it is important not to upset the arresting officer, and you should remain silent until you have legal representation. An experienced criminal defense attorney can protect your rights and help you develop a solid defense.

Have you or someone you know been arrested and charged for robbery? Contact our law firm to schedule a consultation. We are a team of legal experts with more than 100 years of combined experience.

Final Thought

Don’t deal with Queens Robbery Lawyers alone. Speak to the Spodek Law Group today.

Additional Information on Larceny and Robbery

Larceny involves the unlawful taking of property belonging to another person without their consent. The goal of a larceny crime is to permanently deprive the owner of the property. To “permanently deprive” refers to a keeping, selling or giving the property away to prevent the true owner from reclaiming it. You may wonder why larceny and not robbery is not initially discussed. Well, robbery is an extension of larceny.

In Queens, you or a loved one can be accused of robbery if larceny was committed with force. The definition and penalties associated with a robbery crime in Queens is outlined under New York Penal statute 160.00.

Conclusion

Robbery in Queens is Defined as Forcible Stealing: In Queens, the definition of robbery is defined as forcible stealing. This means you are accused of unlawfully taking property belonging into another individual by using force, threat of force or intimidation. You allegedly had the intent to permanently deprive the property owner of their property. Also, larceny was committed with a weapon or dangerous instrument that could seriously harm or cause death.

Robbery in Queens in Separated into Three Degrees: Although there is one general definition of robbery, the state separates the crime into three charges. Each robbery charge, called a degree, has their own definition and penalties.

Have You been Accused of Robbery in Queens? Contact an Attorney Immediately. You have the right to present a defense and challenge the prosecutor’s case against you. You have a lot of defenses available to you. This can seem overwhelming because you do not know which one to choose. That is why we are here.

Queens Robbery Lawyers

Larceny involves the unlawful taking of property belonging to another person without their consent. The goal of a larceny crime is to permanently deprive the owner of the property. To “permanently deprive” refers to a keeping, selling or giving the property away to prevent the true owner from reclaiming it. You may wonder why larceny and not robbery is not initially discussed. Well, robbery is an extension of larceny.
In Queens, you or a loved one can be accused of robbery if larceny was committed with force. The definition and penalties associated with a robbery crime in Queens is outlined under New York Penal statute 160.00.

Robbery in Queens is Defined as Forcible Stealing

In Queens, the definition of robbery is defined as forcible stealing. This means you are accused of unlawfully taking property belonging into another individual by using force, threat of force or intimidation. You allegedly had the intent to permanently deprive the property owner of their property. Also, larceny was committed with a weapon or dangerous instrument that could seriously harm or cause death.

Robbery in Queens in Separated into Three Degrees

Although there is one general definition of robbery, the state separates the crime into three charges. Each robbery charge, called a degree, has their own definition and penalties.

First degree robbery, the most serious charge, has the penalty of 10 to 25 years in prison and a $5,000 fine. This crime involves forcibly and unlawfully taking property from another and:

• Being armed with a deadly weapon,
• Displaying a firearm and/or;
• Threatening or using a dangerous instrument such as a knife and;
• Causing serious physical injury to an alleged victim

Second degree robbery conviction has a criminal sentence of seven to 15 years in prison. This robbery charge also has the definition of larceny with violence. It occurs because property was unlawfully and forcibly taken and one of the following occurred:

• You showed the alleged victim what appeared to be a firearm
• You helped someone commit robbery. This means you did not physically take the property from the alleged victim, but assisted in someone way.
• The property taken was a motor vehicle
• Someone was allegedly injured during the robbery

Third degree robbery is a Class D felony. It is punishable by two to seven years in prison. Third degree robbery involves forcible stealing. However, the circumstances of the crime do not fit into the above categories.

Have You been Accused of Robbery in Queens? Contact an Attorney Immediately.

You have the right to present a defense and challenge the prosecutor’s case against you. You have a lot of defenses available to you. This can seem overwhelming because you do not know which one to choose. That is why we are here.

We will listen to the facts of your case and determine the best defense for you to use. Common defenses available includes actual innocence, duress, lack of intent and lack of violence. The later defenses involve showing the court you could not commit the crime because one element is missing. Another defense is an alibi. An alibi means that you were somewhere else at the time the robbery allegedly occurred and you have witnesses to corroborate your defenses.