Robbery in the second degree is a type of theft, according to the New York Penal Code. Robbery in the second degree differs from other types of theft because it includes an element of force, or threat of force. There are three levels of robbery in New York law, with robbery in the second degree ranked in the middle as far as seriousness of the crime is concerned.
Elements of Robbery in the Second Degree
A common type of robbery in the second degree case is one in which a threat of force or violence is used to take property from someone else. Displaying an unloaded gun is another potential act upon which a robbery in the second degree charge can be built.
If the victim is injured during the course of a robbery, the perpetrator might be charged with either robbery in the first or the second degree. A person also faces the prospect of a robbery in the second degree if no weapon is used, but if the individual undertakes the crime with assistance of someone else.
Examples of Robbery in the Second Degree
An example of robbery in the second degree is a situation in which the perpetrator approaches a pedestrian and demands his or her wallet or purse, stating that if the property is not provided, the perpetrator will cause the victim physical harm. This is a fairly common scenario when it comes to robbery cases.
Another example is a similar scenario. However, in this alternate situation, a pair of perpetrators come upon a pedestrian and demand money or property.
Sentence in a Robbery in the Second Degree Case
Robbery in the second degree is classified as a class C felony. As a result, a person convicted of this crime faces a prison sentence up to 15 years. Because it is a crime of violence, there is a mandatory minimum sentence. In the case of a robbery in the second degree conviction, the mandatory minimum is 3.5 years incarceration.
Restitution is likely to be ordered in a robbery in a second degree case. A person may also face a fine up to $5,000. If the victim was injured, restitution is likely to include reimbursing medical bills.
Following a prison term, in a robbery in the second degree case, a person will be on mandatory supervised release. This can last from 2.5 to 5 years.
Defenses to Robbery in the Second Degree
There are a number of defenses to a robbery in the second degree case that might be made by a skilled, experienced NYC criminal lawyer. A possible defense would be that perpetrator did not threaten violence of force. In other words, the perpetrator may be guilty of some sort of theft, but not robbery in the second degree.
The statute of limitations may also be a defense in a robbery in a second degree case. The statute of limitations sets the time period in which robbery in the second degree charges must be brought against someone. If the time period passes, a person subsequently charged with this crime can defend his or her self by raising a statute of limitations defense, asking for the case to be dismissed.
An experienced criminal defense lawyer will schedule an initial consultation to discuss a robbery in the second degree case. The lawyer will provide an evaluation of a case, and discuss possible defense strategies. The attorney will also provide answers to questions. As a general rule, a criminal defense lawyer charges no fee for an initial consultation with a potential client in a robbery in the second degree case.