Any involvement with the legal system is a trying experience. Criminal charges like robbery are more than just stressful, however. The way things play out in the courtroom can affect your freedom, your finances, and your future. You need professional, experienced, and successful advocates working with you to get the best possible outcome, and you also need to avoid breaking the bank on legal fees. Our committment to placing clients first and providing the best value has made Spodek Law Group an award-winning criminal defense firm.
Nowhere is that more apparent than in our NY and Long Island work. We’ve represented clients in every field and background and worked with them to help defend themselves and their rights. In this post, we’ll be talking about robbery, its definition and penalties, how we would mount a defense for you against robbery charges, and what makes us so successful.
In NY, taking another person’s possessions is known as larceny. It becomes robbery when it is paired with a threat to use force or the actual use of force. There are actually 3 different degrees of robbery in NY state law. The lowest is third degree. This is simply using force or a threat to compel someone to hand over their property. A third-degree robbery charge can carry a sentence of 2 to 7 years in prison, and it will show up on a criminal record as a class D felony. The robbery moves to the second degree if there are multiple robbers, if force is used during a struggle, if the robber shows the victim a gun, or if the stolen property includes a car. That increases the sentence to a prison term of 7 to 15 years. The first degree of robbery involves serious harm, use of a gun or other dangerous instrument, and similar contexts. This is a class B felony with a sentence of 10 to 25 years. In addition to the prison time, the judge can also decide to impose a fine. This fine can be up to $5,000 or twice the total value of the stolen property, whichever of these is higher. As you can see, both the fines and the prison terms are large, and the prospect for finding a job afterwards with a criminal record are much harder.
The best case for you is that we create a defense strategy that results in the charge being dropped before it ever gets to trial. That means no prison or fine and no criminal record, and lower legal fees as well. If that is not possible, we’ll use our experience and judgement to lessen your sentence as much as we can to get a favorable deal. Our success rate in helping clients reduce negative outcomes is 99 percent.
There are two types of defense we could use for you. The first involves attacking the evidence. Perhaps the only evidence is an unclear surveillance cam recording. That might not be enough to convince a jury that you must be guilty, and as long as they have reasonable doubt, they must vote to acquit you. There are many ways in which criminal evidence is weak, poorly handled, or otherwise flawed, and any of them could make the case against you collapse.
The other defense method is a little more difficult. It is called affirmative defense. Under affirmative defense, the defense team admits that the act of robbery occurred but that you did not perform it willingly. For example, if someone forced you to help them rob someone else by threatening you, then you are not legally responsible for the robbery. Intoxication alone is not enough to be a good defense, but if you can prove that you become intoxicated involuntarily because someone gave you more alcohol than you knew, for example, then you can defend yourself. The exact defense that we will use will rely on not just the circumstances of the event but also any past criminal record you may have, character witnesses, and other information.
It might seem straightforward, but creating and executing a legal defense is very difficult if you do not have the specific experience of doing it. That is why you need the help of not just any law firm, but one that has worked with hundreds of clients on robbery cases to get their sentences reduced or get their charges dropped entirely. Law enforcement officers try to do a good job, but they sometimes make mistakes or fail to follow the right processes. This puts you at risk. The sheer amount of paperwork and study time required for a good case is a major burden for people, especially if they are already trying to keep a day job. If you are facing robbery charges, call us today and we can talk to you about a free consultation. We have several different lawyers on staff, so we can match to you to the one with the best experience and background for your needs.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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Brooklyn, NY 11201