Robbery in the third degree is a serious type of theft crime, codified in the New York Penal Code. Robbery in the third degree is classified as a crime of violence, according to applicable New York law. Robbery in the third degree is the least serious form of robbery on the books in the state.
Elements of Robbery in the Third Degree
Theft rises to become robbery in the third degree if the perpetrator utilizes force or a threat of force or violence to carry out a theft. The perpetrator doesn’t actually use any weapon or other instrumental in the commission of the crime. However, he or she may threaten its use, even if he or she doesn’t actually have a weapon or instrumentality. Robbery in the third degree is a class D felony in New York.
Examples of Robbery in the Third Degree
An example of robbery in the third degree might involve a shopper in a market. A perpetrator that comes upon the shopper, and demands money with the threat of physical violence. The exchange, and the objective of obtaining money, could give rise to a charge of robbery in the third degree.
Another example of robbery in the third degree is a scenario in which a perpetrator encounters a victim on an empty street. The perpetrator punches the victim in an attempt to obtain that individual’s money.
Sentence in a Robbery in the Third Degree Case
Robbery in the third degree is a class D felony in the state of New York. This represents one of the lowest types of felonies in the state of New York.
If a person has no prior criminal history, may avoid a criminal sentence. Unlike class B and C robbery cases that have a mandatory minimum jail sentence, robbery in the third degree does not always carry a prison term if convicted.
The maximum sentence in a robbery in the third degree case is 7 years in prison. A court is also likely to issue a restitution order in this type or robbery case. A convicted individual may also face the prospect of a fine in the amount up to $5,000.
Defenses in a Robbery in the Third Degree Case
A committed, experienced NYC criminal lawyer has the tenacity to mount a number of different credible defenses to a robbery in the third degree case. For example, a defense to this type of charge would be a demonstration that no force was utilizes, or even threatened. The lack of force, or the lack of a threat of force, would be a valid defense to robbery in the third degree.
Another defense possible in a robbery in the third degree case involves the statute of limitations. New York law establishes a deadline for bringing charges against a person in a robbery in the third degree case. If the government fails to bring a criminal prosecution within the time frame mandated by law, the defendant can seek to have the case dismissed because of the statute of limitations.
A criminal defense attorney will schedule what is known as an initial consultation to discuss a robbery in the third degree case. The lawyer will provide an evaluation of the case and answer any questions a person may have about robbery in the third degree.
As a general rule, a criminal defense attorney in New York charges no fee for an initial consultation in a robbery in the third degree case. A person is wise to take a proactive stance in retaining legal representation when facing charges of robbery in the third degree in New York.