NY Penal Law § 160.10: Robbery in the Second Degree

Akin to larceny and burglary, robbery is a type of theft offense.  What sets it apart from other theft crimes is the use of physical force or the threat of physical force in the course of committing the crime. This requisite force or threat of force can be directed by the perpetrator  toward the victim or toward a third party. In the New York criminal code, there are 3 degrees of robbery.  They are robbery in the first degree, second degree and third degree. According to New York Penal Code § 160.10, you could be charged and prosecuted for robbery in the second degree if:

1. You use a gun or threaten to use a gun,
2. The victim sustains any physical injuries as a result of your actions,
3. You commit the robbery with the help of another person (an accomplice), or
4. You steal a vehicle

For Example

As Shannon was walking home from an after work party by herself late one evening, Thomas confronted her on a dark street. He had a knife in his hand, and he showed it to Shannon as he demanded that she hand over her purse. Hassan stood at the corner, serving as a lookout for Thomas while he accosted and robbed Shannon. Both Thomas and Hassan could face prosecution for the crime of robbery in the second degree.  Although Hassan only served as the lookout, as an accomplice, he is subject to the law as well.

Offenses that are Related

Petit Larceny: New York Penal Code § 155.25

Burglary in the second degree: New York Penal Code § 140.25

Criminal possession of stolen goods in the second degree: New York Penal Code § 165.52

Robbery in the third degree: New York Penal Code § 160.05

Robbery in the first degree: New York Penal Code § 160.15

Possible Defenses

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There are a number of possible defenses against a charge of robbery in the second degree. One plausible defense, if you face a second degree robbery charge on the basis of the victim suffering an injury, is that the victim did not sustain an injury as defined by New York Penal Code § 10.00(9). Under the Penal Code, a “physical injury” is more than just a small cut or a bruise that goes away within 1-2 days. On the contrary, it is an injury that results in a physical impairment or substantial pain.

Legal Scenario: What Would You Do?

Scenario

You and a friend entered a convenience store late at night, and while your friend grabbed cash from the register, you physically blocked the store clerk from reaching the phone to call 911. Now you've both been arrested and charged with Robbery in the Second Degree under NY Penal Law § 160.10.

Can I really be charged with second-degree robbery when I never touched the money or directly threatened anyone?

Attorney's Answer

Under NY Penal Law § 160.10, robbery in the second degree is a Class C violent felony that carries a potential sentence of 3½ to 15 years in state prison. You can absolutely be charged even if you never handled the stolen property — physically preventing someone from seeking help or resisting the theft constitutes the use of force contemplated by the statute. The law also applies when a person is aided by another person actually present, which elevates what might otherwise be a third-degree robbery charge. An experienced criminal defense attorney can evaluate whether the prosecution can prove every element beyond a reasonable doubt and explore potential defenses such as lack of intent, misidentification, or duress.

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

The Sentence

Since robbery in the second degree is categorized as a class C felony, the maximum prison sentence you could face is generally 15 years. That said, the final determination as to the length of your prison sentence will greatly depend on your prior criminal record. If you have no prior convictions on your record, then the judge would still be required to sentence you to at least 3.5 years in prison, since robbery in the second degree is also classified as a violent felony. In another scenario, you can be classified as a non-violent predicate offender.  If so, the court will be required to sentence you to a minimum of 5 years in prison.  If, however, you are classified as a violent predicate offender, you must be sentenced to at least 7 years behind bars. On top of that, you may be required to pay a significant fine as well as restitution to your victim.