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Brooklyn Robbery Lawyers
Understanding the Difference between Theft and Robbery
Many people use theft and robbery interchangeably; however, there is a difference between both offenses. Theft is unlawfully taking property with the aim of permanently depriving the legal owner of that item. On the other hand, robbery involves both the act of taking property and intention of permanently depriving a person of that property, but also with the threat or application of force. Robbery results in severe penalties when a victim or bystander gets injured during the act. If you have been charged with robbery, read on for a basic understanding of the different laws associated with this offense.
Categories of Robbery
Robbery is classified as third, second, and first degree. The different classes of robbery carry different penalties.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
Third Degree Robbery
Robbery is stealing forcibly. When a person uses physical force or poses a threat of force when stealing, they are guilty of robbery. The use or threat of force is aimed at preventing resistance to theft, and compelling the property owner to surrender the property. When robbery occurs without any aggravating factors, it is considered as third degree robbery. This offense is a Class D felony, and subjects one to an imprisonment of between 2-7 years.
Second Degree Robbery
This form of robbery involves forcibly stealing property with the help of another person. In the commission of the act, if you or your accomplice injuries an innocent victim, or displays something resembling a rifle, pistol, or some sort of firearm, it is second degree robbery. The object of theft in this class of robbery is a motor vehicle. Second degree robbery is a Class C felony, and subjects one to an imprisonment of between 7-15 years.
First Degree Robbery
One is guilty of committing first degree robbery when they forcibly take property, and when during the act of stealing, or flight from the crime scene, he/she or their accomplice does one of the following:
Causes serious physical harm to any innocent person
Has a deadly weapon
Either uses or threatens to use the weapon
Displays something resembling a rifle, pistol, or any kind of firearm
First degree robbery is a Class B felony that subjects one to an imprisonment of between 10-25 years.
Elements of Robbery
For a person to be convicted with robbery, there are three elements that the prosecution needs to establish. First, that the defendant committed theft, secondly, that they used or posed a threat to use physical force on the victim, and finally, that the crime was executed with the intent of permanently retaining the property.
Judgment Considerations
Apart from imprisonment, statutes may establish other kinds of punishment like community service, restitution, or fines. If a defendant cannot pay restitution, they may be required to compensate for their loss by performing community service.
The judges will consider the facts of a particular case along with any mitigating or aggravating factors to decide the exact sentence plus any penalties to impose on the defendant. When handing down judgment, the judge will consider the value of the property that has been stolen, the amount of intimidation or violence used, and the condition of the victim.
Aggravating factors make a crime serious while mitigating factors reduce the severity of a crime. The presence or use of a weapon during the commission of a robbery is an aggravating factor which increases the sentence handed down to a defendant. One’s criminal record is also considered an aggravating factor.
A mitigating factor in a robbery case involves things like whether one returned the property or owned up to their crime. If a person has no criminal record, this can also act as a mitigating factor.
Defenses to Robbery
The common defenses to robbery are as follows:
Duress
Mental defect
An unloaded weapon
Entrapment
Infancy- persons below 14 years
If you have been charged with robbery, there is cause for alarm because you could be facing a long time behind bars. Robbery is penalized depending on the severity of the crime; however, the least punishment is a one year prison sentence. Read on to learn more about what robbery entails, what needs to be proven, the different degrees of the crime and the punishment for each.
What is Robbery?
Robbery like theft implies taking a valuable item from someone. However, robbery involves using violence or force, or the threat of violence or force, during the execution of the offense.
Proof in a Robbery Charge
The basic elements needed to prove a robbery are as follows:
The object was taken with the intention of stealing
The object of theft is the property of another person
The object was taken from the owner in their presence
The object was taken against the will of the owner
The object was retrieved using force, or intimidation of force
3rd Degree Robbery
This form of robbery involves taking property through force or by using a lethal weapon. In most states, 3rd degree robbery is a felony. In New York, it is a “Class D” felony that subjects a person to seven years in prison. In other states, a person will be sentenced for 3rd degree robbery considering their criminal background. Additionally, some enhancements, known as aggravating factors, may raise the punishment for robbery. For example, if robbery involved assault with a lethal weapon, the penalty will be severe than a robbery committed without a weapon.
2nd Degree Robbery
This occurs when a person commits a robbery with the assistance of an accomplice. It also occurs when the perpetrator injures an innocent person or uses a deadly weapon like a knife or gun while executing the offense. Car theft is a typical example of this form of robbery.
In New York, 2nd degree robbery is a “Class C” felony that subjects a person to a maximum of fifteen years in prison.
1st Degree Robbery
A robbery is classified as first degree when the victim, or an innocent person, sustains serious injuries during the execution of the crime. This type of robbery also applies to cases where the perpetrator has a deadly weapon and intimidates the victim with it.
In New York, 1st degree robbery is a “Class B” felony that subjects a person to a maximum of twenty five years in prison.
Defenses for Robbery
Innocence
In any criminal prosecution, such as a robbery, the government bears the burden of proof. This means that they should beyond any reasonable doubt that the accused committed the offense. This means that an accused robber can easily avoid being convicted by undermining the prosecution’s evidence. The defendant should not necessarily convince the court that they are innocent; however, provided they can cause reasonable doubt, they should be acquitted.
Intoxication
A defendant can use intoxication to fight a robbery charge. Involuntary intoxication is where the intoxication happened against the defendant’s will. Voluntary intoxication is where the defendant gets drunk willingly. The question arising in a defense based on voluntary intoxication is whether the defendant would have been able to form the intent of executing robbery. Such a defense would cause the defendant to get a lesser charge.
Entrapment
If a person provokes the defendant to commit robbery, the defendant can use the entrapment defense. Though these defenses are not easy to prove, if the defendant is able to show that the victim of a robbery provoked them with the intention of charging the defendant, the entrapment defense will hold.
