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Robbery laws in Staten Island and other areas of New York refer to stealing someone else’s property with the use of force or the threat of force. This differs from theft, which simply refers to the act of stealing another person’s property. Robbery usually takes place with the use of a gun or knife, but if a person uses their fingers in a coat pocket and points them as though it were a gun, it can be considered robbery if the victim is fearful and believes it’s an actual gun. The charges a person can face are even more serious if the victim or any bystanders at the scene are injured during the commission of the crime.
What are the Various Robbery Laws in Staten Island, New York?
There are a number of charges a person can receive if they commit robbery. Robbery itself is defined as the act of forcible stealing of someone else’s rightful property. If a person forcefully steals something from another individual and uses physical force, they are committing larceny as well. There must be the following circumstances for the act to be considered robbery:
• The individual prevents or overcomes resistance to taking someone else’s property or retains immediate possession of the object or property after taking it
• The person compels the owner of the property or someone else to deliver it or engages in other behavior that aids in the commission of larceny
What are the Different Degrees of Robbery in New York?
Like with many other crimes, robbery can be defined in three different degrees. They are as follows:
• Robbery in the Third Degree: A person can be convicted of robbery in the third degree when they forcibly steal someone else’s property and the following things possibly happen during the commission of the crime: The individual causes serious physical injury to the victim or someone else who is not a participant in the crime; The person is armed with a deadly weapon; The individual uses a dangerous instrument or threatens to use one; the person displays what looks to be a revolver, shotgun, pistol, machine gun or other type of firearm, even if it is not loaded.
• Robbery in the Second Degree: A person can be convicted of robbery in the second degree when he or she forcefully steals someone else’s property and the following circumstances are present: The individual is helped by another person who is present; During the crime’s commission, a fight breaks out and the person or a participant cause physical injury to someone not a participant in the crime or displays what appears to be a pistol, rifle, shotgun, machine gun, rifle or other firearm; The property consists of a motor vehicle.
• Robbery in the First Degree: A person can be convicted of robbery in the first degree if they forcibly steal another person’s property and if the individual or a participant commit the following acts: Cause serious physical injury to the victim; is armed with a deadly weapon; threatens to use a deadly weapon or other dangerous instrument; displays a rifle, pistol, shotgun, machine gun or other type of firearm.
What are the Penalties and Sentences for the Various Degrees of Robbery?
Robbery is a very serious criminal offense that is considered a felony. The sentences and other penalties for each degree are as follows:
• Robbery in the Third Degree: Robbery in the third degree is considered a class D felony, which means the individual can receive anywhere from two to seven years in prison
• Robbery in the Second Degree: Robbery in the second degree is considered a class C felony, which can get the individual anywhere from seven to 15 years in prison
• Robbery in the First Degree: Robbery in the first degree is the most serious robbery charge at all. It is categorized as a class B felony and carries a term of anywhere from 10 to 25 years in prison.
In addition to prison time, the court can also choose to make the defendant pay a fine of up to $5,000 or twice the amount of financial gain the individual earned from the robbery. Generally, the amount that is higher is the one the court will seek.
Possible Defenses for a Robbery Charge in Staten Island, New York
The defense attorney can argue a few defenses for a client who has been charged with robbery. The following are the most common types of defenses in such a case:
• The firearm wasn’t loaded or was incapable of being discharged, which means the individual cannot be charged with first-degree robbery
• The individual was under duress
• Entrapment was involved
• The person suffers from mental disease or defect
• Infancy is a factor (if the person who committed the act is under the age of 14)
If you are arrested on suspicion of robbery in New York, the charges are very serious and you need a skilled Staten Island robbery lawyer on your side. Get in touch with the Spodek Law Group immediately to discuss your case with an experience attorney.
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