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.

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Second Degree Robbery in Brooklyn

You can be found guilty of second-degree robbery when you forcibly steal property from a person and/or:

Legal Scenario: What Would You Do?

Scenario

You were walking home through Crown Heights when a stranger accused you of snatching his phone and shoved you against a wall until a bystander called the police. Officers arrested you for robbery even though you never touched the phone and the alleged victim couldn't describe what you were supposedly wearing.

Can I really be charged with robbery in Brooklyn when I never took anything and there's no physical evidence?

Attorney's Answer

Under New York Penal Law § 160.00, robbery requires both a larceny and the use of force or threat of force against another person. If the prosecution cannot establish that you actually took property or that force was used in connection with a theft, the robbery charge may not hold up. Your attorney can challenge the identification, highlight the lack of physical evidence, and argue that the complaining witness's account is inconsistent. A strong defense strategy in Brooklyn Criminal Court often involves filing motions to suppress unreliable identifications and pressing for dismissal when the evidence fails to support every element of the charge.

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

• 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