Robbery is a serious crime that an individual can commit. Other than the other theft crimes such as burglary, grand larceny, and embezzlement, robbery is one of the most critical types of theft, since it involves an individual using force. In simpler words, robbery is defined as using physical harm or threats to take away property from another individual.
Because robbery involves the use of force, it is also considered a felony. If your judge finds you guilty, you can face serving a number of years in prison. The best way to improve your case before a judge is to contact a robbery lawyer first. They will be able to find the best way to defend your case and help give you the shortest sentence possible if you are found guilty of robbery.
In Suffolk County New York, there are three different types of robbery. These are third degree, second degree, and first degree. Each of these crimes involves the stealing an object with force. Robbery is judged as being a more serious crime if a weapon was used, if there is an accomplice to the crime, or if a victim was physically injured.
Third Degree Robbery
Robbery in the third degree occurs when a person forcibly steals something that belongs to another person. This is considered a Class D felony.
Second Degree Robbery
This is a Class C felony. Similar to third degree robbery, second degree robbery also involves the forcible stealing of property. In order to qualify as a second degree robbery, one of the following must have occurred:
– a second person aided in the robbery
– someone not performing the robbery was physically injured during the crime
– the person charged showed a gun or something that looks like a gun
– the stolen property is a motor vehicle
First Degree Robbery
Robbery in the first degree is considered a violent Class B felony. In order to qualify as this tier of crime, there are special factors that need to have occurred during the robbery or when fleeing the scene of the crime. For example, if the person committing the crime was armed with a deadly weapon or caused serious harm to a person not involved in the robbery, it would be considered first degree robbery.
The penalty for robbery can depend on the details of the case. The sentence can include time in prison, fines, probation, and post-release supervision.
Time in prison is often a consequence of a robbery charge. However, whether or not the defendant will go to jail and the length of the stay will depend on the severity of the crime and any past criminal record. In general:
– Class B felonies are punishable by up to 25 years in prison
– Class C felonies are punishable by up to 15 years in prison
– Class D felonies are punishable by up to 7 years in prison
Fines and Restitution
Along with prison time, the defendant may also be required to pay certain fines, fees, and restitution. Fines can run all the way up to five thousand dollars. Restitution is money that is paid directly to the victim to cover any expenses that occurred as a result of the robbery. This money can go towards things like stolen property, damaged property, and any of the victim’s medical expenses. In general, the maximum restitution amount is $15,000, though the amount can increase to pay for medical expenses.
There are also certain fees that the defendant will need to pay. There is a fee that must be paid to the company that collects the restitution payment. Also, there is a $300 “mandatory surcharge,” a $25 victim assistance fee, and a probation supervisions fee of $30 a month. If the defendant fails to pay a fine, fee, or restitution, they will be charged with a misdemeanor. They will then be sent to prison for up to a year and can have their wages garnished. If the defendant is unable to pay, the judge can adjust the terms of the payment, lower the payment amount, or revoke the payment portion of the sentencing.
Probation and Post-Release Supervision
The defendant can also be sentenced to probation for up to five years. During this time, there are many rules and regulations that the defendant must follow. If they do not, their probation can be revoked and they will be resentenced to prison.
Part of the sentencing can also be up to five years of post-release supervision. This is similar to probation where the defendant will be required to follow certain rules. If the rules are broken, the defendant will receive a revocation hearing in front of a judge.
If you have been charged with robbery, consult a Suffolk County lawyer before doing anything else. This is your best chance to defend your case. Any sort of conviction can have a serious impact on your future. Hiring an experienced attorney can help you to navigate the legal system, argue your case, and provide the best results.
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