Criminal Defense Lawyers

Exploring New York’s Sentencing Guidelines for Armed Robbery Cases

Armed robbery is one of the most serious crimes a person can be charged with in New York. If you or a loved one is facing armed robbery charges, it’s crucial to understand the potential penalties and sentencing guidelines. In this comprehensive guide, we’ll break down everything you need to know about armed robbery laws and sentences in New York.

What is Armed Robbery Under New York Law?

In New York, a person commits robbery when they forcibly steal property10. Robbery becomes armed robbery, a more serious offense, when the perpetrator:

1. Is armed with a deadly weapon211
2. Uses or threatens the immediate use of a dangerous instrument211
3. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm211

The presence of a weapon significantly elevates the severity of the crime in the eyes of the law. Even if the gun turns out to be fake or unloaded, it’s still considered armed robbery if the victim reasonably believed it was a real, operable firearm211.

Degrees of Armed Robbery in New York

New York categorizes armed robbery into different degrees based on factors like the type of weapon, injuries to the victim, and number of perpetrators1011. Understanding these distinctions is key, as they directly impact sentencing.

Robbery in the First Degree

First-degree robbery, the most serious charge, applies when the perpetrator11:

• Causes serious physical injury to a non-participant
• Is armed with a deadly weapon
• Uses or threatens to use a dangerous instrument
• Displays a firearm

First-degree robbery is a Class B violent felony, punishable by a minimum of 5 years and a maximum of 25 years in prison1011.

Robbery in the Second Degree

Second-degree robbery occurs when the perpetrator11:

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2024-03-18

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• Is aided by another person actually present
• Causes physical injury to a non-participant
• Displays a firearm
• The property stolen is a motor vehicle

Second-degree robbery is a Class C violent felony, punishable by a minimum of 3.5 years and a maximum of 15 years in prison1011.

Robbery in the Third Degree

Third-degree robbery includes any forcible stealing of property that doesn’t rise to first or second degree10. It’s a Class D non-violent felony, punishable by up to 7 years in prison, though non-prison sentences are possible for third-degree robbery10.

Sentencing Factors for Armed Robbery in New York

Several key factors influence the ultimate sentence handed down within those ranges61011:

Prior Criminal History

The defendant’s criminal record heavily impacts sentencing. Those with prior felony convictions, especially violent felonies or prior robberies, face significantly enhanced sentences as “predicate felons”1011.

Injuries to Victims

The extent of any physical injuries to the victim is a major factor. Causing serious physical injury elevates the crime to first-degree robbery and carries the stiffest penalties11.

Type of Weapon

The type of weapon makes a difference. Firearms draw the harshest sentences, followed by dangerous instruments and deadly weapons211. An unloaded or fake gun is an affirmative defense to first-degree robbery, but can still result in second-degree charges11.

Value of Property Stolen

The value of the stolen property can affect sentencing. Stealing property valued over $50,000 can draw sentences up to 15 years, even for third-degree robbery10.

Vulnerability of Victims

Robbing vulnerable victims like children, the elderly or disabled can be an aggravating factor that increases sentences6. Judges may also impose harsher penalties if the victim suffered extreme psychological trauma6.

Real-Life Examples of Armed Robbery Sentences in NY

To illustrate how these sentencing guidelines play out, let’s look at a few actual cases:

• One defendant received a sentence of 7 years for a gunpoint robbery of a jewelry store. Although no one was injured, the presence of a firearm and high value of the stolen goods led to a substantial prison term16.
• Another perpetrator got a 12-year sentence for a home invasion robbery where victims were pistol-whipped. The physical injuries and use of a firearm within a residence resulted in a lengthy sentence16.
• A defendant with a prior felony record was sentenced to 18 years for robbing a bank with a shotgun. His criminal history and the use of a long gun in a bank drew an especially severe penalty16.

As you can see, armed robbery convictions often result in major prison time. Even in cases without injuries or huge money losses, the involvement of a weapon makes it a serious offense.

Defenses Against Armed Robbery Charges

If you’re accused of armed robbery, you may feel hopeless–but remember, prosecutors must prove every element beyond a reasonable doubt. Depending on the specifics of your case, some possible defenses include1316:

Mistaken Identity

Eyewitness identifications are notoriously unreliable, especially in the chaos of a robbery. If the perpetrator was masked or fled quickly, you may be able to raise doubt about whether you were actually the robber.

Lack of Evidence

If prosecutors lack strong physical evidence tying you to the crime, you may be able to challenge the sufficiency of the proof against you. Weak or contradictory witness testimony can also undermine the case.

Duress or Coercion

If you were forced to participate in the robbery under threat of harm to you or your family, you may have a duress defense. However, this is a difficult defense that requires strong supporting evidence.

Challenging Weapon Involvement

In some cases, you may be able to argue that no weapon was actually used, or that the alleged weapon doesn’t meet the legal definitions. An experienced criminal defense attorney can assess which defenses may apply to the unique facts of your case.

The Importance of Hiring an Armed Robbery Lawyer

Facing armed robbery charges is incredibly daunting–your freedom and future are at stake. You need a skilled criminal defense lawyer in your corner to protect your rights and mount the strongest possible defense. A knowledgeable armed robbery attorney will16:

• Carefully review all the evidence against you
• Identify weaknesses in the prosecution’s case
• Gather evidence to support your defense
• Negotiate with prosecutors for reduced charges or a plea deal
• Zealously represent you at trial if necessary
• Argue for the lowest possible sentence if convicted

Don’t try to navigate the complexities of an armed robbery case on your own. Investing in an experienced lawyer is crucial to achieving the best outcome.

Frequently Asked Questions About Armed Robbery in NY

What’s the difference between armed robbery and regular robbery?

Armed robbery involves the use or threatened use of a weapon, while regular robbery just requires force or threat of force1011. The presence of a weapon makes it a more serious crime.

Can I get probation for armed robbery in New York?

Probation is not an option for first or second-degree armed robbery, which carry mandatory minimum prison sentences1011. In some cases, third-degree robbery may result in probation, but it’s uncommon.

What if the gun wasn’t loaded or was fake?

For first-degree robbery, it’s an affirmative defense if the gun was unloaded or inoperable11. However, you can still be convicted of second-degree robbery if the victim reasonably believed it was a real gun11.

Can I get my armed robbery conviction sealed or expunged?

Unfortunately, armed robbery convictions are not eligible for sealing or expungement in New York10. The conviction will remain on your record permanently unless you’re granted a very rare pardon by the governor.

What if someone was killed during the robbery?

If a victim is killed during an armed robbery, even accidentally, you could face murder charges on top of the robbery charges11. This is known as “felony murder” and can draw sentences up to life in prison.

The Bottom Line on Armed Robbery Penalties in New York

To sum it all up, armed robbery is an extremely serious offense in New York, drawing long prison sentences in the vast majority of cases. If you’re facing these heavy charges, your best shot at minimizing the damage is to hire a top-notch criminal defense lawyer. Yeah, I know it’s a lot to take in. The thought of years or even decades behind bars is terrifying. But don’t lose hope. With the right attorney and defense strategy, you may be able to beat the charges or at least secure a more lenient sentence. The key is to act quickly and get some professional legal muscle on your side. Trust me, trying to handle an armed robbery case solo is not a wise move.

The legal system is way too complex and the stakes are way too high. You wouldn’t perform surgery on yourself right? Same principle applies here. Let an expert guide you through this nightmare and fight tooth and nail for your freedom. So take a deep breath. Stay strong. And take action now by calling an experienced armed robbery defense lawyer. It could be the most important decision you ever make.