New York Penal Code 160.15: Robbery in the first degree
Robbery is a serious offense in the New York Penal Code. Not only does robbery involve stealing or theft, but it also involves the use of violence or the threat of violence as a means of accomplishing the theft.
The statutes of the state of New York classify robbery into three categories, with robbery in the first degree being the most serious derivation of the crime. Due to the severity of the crime, a person convicted of robbery in the first degree may face up to 25 years in prison.
Elements of Robbery in the First Degree
As mentioned, robbery is a form of theft, but a type of crime that is accompanied by violence or the threat of violence. If a person brandishes a deadly weapon while committing a theft, that constitutes robbery. Deadly weapons include guns, knives, metal knuckles, and similar devices or instruments.
A dangerous instrument that is not a weapon per se may be the foundation upon which a robbery charge can be built. A dangerous instrument could be a wide array of different types of items. An item becomes a dangerous instrument not so much because of its design, but because of the manner in which the person brandishing it threatens to use it.
Examples of Robbery in the First Degree
An example of robbery in the first degree is a situation in which the perpetrator pulls a loaded handgun on a person, and demands that individual’s purse or wallet. Another example of robbery is a scenario in which the perpetrator threatens an individual beer bottle, and demands that individual’s watch.
Sentence in a Robbery in the First Degree Case
Robbery in the first degree is a class B felony, which represents one of the most serious type of crimes in New York. As a result, a stiff prison sentence is possible. A person faces the prospect of a prison sentence of up to 25 years. No matter a person’s criminal history, if convicted of robbery in the first degree, an individual must serve a minimum of five years in prison. Criminal history and the facts of a particular case can enhance the sentence imposed by the court.
Restitution is likely to be a part of a sentence in a robbery in the first degree case. In addition, the court may order a fine up to $5,000 in this type of case.
Defenses in a Robbery in the First Degree Case
An experienced NYC criminal lawyer can develop a defense strategy for a person charged with robbery in the first degree. One line of defense would be that the person charges did not actually utilize a deadly weapon or dangerous instrument. Although a person may still end up guilty of some type of theft crime, eliminating the deadly weapon or dangerous instrument component would result in a less serious charge or conviction.
If a considerable amount of time lapsed from the date the crime allegedly occurred to the time of a person being charged, another defense may be based on what is known as the statute of limitations. In New York, there is a specific time period in which a robbery in the first degree case must be filed against a suspect.
An experienced criminal defense lawyer will schedule an initial consultation to discuss and evaluate a robbery in the first degree case. In addition, an attorney will provide answers to any questions a person may have regarding their case. As a matter of practice, a New York criminal attorney charges no fee for an initial consultation with a prospective client about a robbery in the first degree case.
New York Penal Code 160.10: Robbery in the second degree
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.
New York Penal Code 160.05: Robbery in the third degree
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.