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Robbery refers to the criminal offense of taking one person’s property through the use of either fear, force, or threat. While all types of theft involve taking the property of someone else, robbery includes a violent act, as well. Because a robbery conviction can result in serious penalties, people charged with the offense should not hesitate to retain the assistance of an experienced criminal defense attorney. It also helps to understand some important details about how this offense is prosecuted.
The Three Types of Robbery Offenses in New York The state of New York divides robbery into three separate offenses, which include:
Robbery in the third degree. The least severe form of robbery, this offense occurs when a person uses force to steal someone else’s property. This offense is classified as a Class D non-violent felony that results in a maximum of seven years in prison on conviction.
Robbery in the second degree. A less mild form of robbery, this offense includes situations in which a person uses force to steal someone else’s property, and the person committing the offense is assisted by another person. Robbery is also considered to be in the second degree when someone not involved in the robbery is injured and when a person carries a deadly weapon during the offense. This offense is classified as a Class C violent felony that results in a maximum of 15 years in prison following a conviction.
Robbery in the first degree. This offense occurs when a person commits a robbery offense and either seriously injures a victim, displays a firearm, or threatens the use of immediate force. This offense is categorized as a Class B violent felony that results in a maximum of 25 years.
Possible Defenses to New York Robbery Charges Our knowledgeable criminal defense lawyers can review the details of your case and help you determine which strategy would be best to defend against robbery charges. Some of the strategies that we commonly help people raise include:
Challenging the reliability of a witness’s testimony.
Demonstrating that you only committed the offense because you were under duress, which means someone threatened to either hurt or kill you if you did not commit the offense.
Establishing that the prosecution failed to establish all of the elements of an offense. To convict a person of armed robbery, it must be established that the individual intentionally took the property of another, in the victim’s presence, through either violence or threats of violence against someone.
Presenting evidence that you were somewhere else at the time the offense occurred
Showing that post-arrest identifications were either prejudicial or unreliable
Speak with an Experienced Criminal Defense Attorney We understand that many people in New York who are accused of robbery may not have committed the crime they have been changed. That is why our criminal defense attorneys are committed to fighting tirelessly for the results you deserve. As a result, if you or a loved one is faced with a robbery-related offense, do not hesitate to contact our Nave Law Firm today by calling (315) 285 – 6283 or (855) 349-6283 to schedule a free case evaluation.