Robbery charges carry severe legal consequences, including potential prison time, heavy fines, and a permanent criminal record. Whether you’re facing first-degree, second-degree, or third-degree robbery charges, understanding the law and the penalties you might be up against is crucial. At Castro & Trodden, LLC, we know how high the stakes are. Our experienced robbery defense lawyers stand ready to fight for you and your future. Contact us today.
Robbery Charges in NYS
In New York State, robbery is classified as a violent felony and involves the use or threat of force while committing theft. Unlike larceny, which is the unlawful taking of property without force, robbery requires some level of coercion or physical aggression. The law defines three degrees of robbery, each carrying serious consequences:
- Robbery in the Third Degree (PL § 160.05): This is the least severe robbery charge but is still classified as a Class D violent felony. It occurs when someone forcibly steals property, even without the use of a weapon or causing physical injury. While it may carry less severe penalties than higher-degree charges, a conviction still means potential prison time.
- Robbery in the Second Degree (PL § 160.10): This Class C violent felony is a more serious offense and applies when the robbery involves an accomplice, causes physical injury to a victim, or involves the display of a firearm or other dangerous instrument. Second-degree robbery significantly increases the potential for harsher sentencing.
- Robbery in the First Degree (PL § 160.15): The most serious robbery charge in New York, this Class B violent felony applies when the perpetrator is armed with a deadly weapon, uses or threatens to use a firearm, or causes serious physical injury to the victim. First-degree robbery carries the longest potential prison sentence and the most severe legal consequences.
Regardless of the degree of the charge, a robbery conviction can drastically alter your life. Working with a skilled criminal defense lawyer is essential to understanding your rights and mounting an aggressive defense.
What Are the Penalties for Robbery Charges in NYS?
The penalties for robbery in New York State vary depending on the degree of the charge. However, since robbery is classified as a violent felony, any conviction carries the possibility of substantial prison time, mandatory sentencing, and long-term consequences.
- Robbery in the Third Degree (Class D Violent Felony)
- Punishable by up to 7 years in prison
- Potential for probation, but prison time is a strong possibility
- A permanent criminal record with a violent felony conviction
- Robbery in the Second Degree (Class C Violent Felony)
- Mandatory minimum of 3.5 years in prison, up to 15 years
- Fines and restitution may be imposed
- Increased penalties for repeat offenders
- Robbery in the First Degree (Class B Violent Felony)
- Mandatory minimum of 5 years, up to 25 years in state prison
- No possibility of a non-jail sentence due to New York’s strict violent felony sentencing laws
- Additional penalties, including post-release supervision
Sentencing can also be influenced by a defendant’s prior criminal history. If you have previous felony convictions, you could face enhanced sentencing under New York’s Persistent Felony Offender laws, leading to even longer prison terms. The best way to fight these penalties is to have a skilled criminal defense attorney who understands the complexities of New York’s sentencing laws.
What Are Aggravating Factors?
Certain circumstances can elevate the severity of a robbery charge, leading to more serious penalties and making it harder to secure leniency in court. These aggravating factors include:
- Use of a Firearm or Deadly Weapon: If a gun, knife, or any deadly weapon is used or even displayed, the charge can be elevated to first-degree robbery, carrying significantly harsher penalties.
- Serious Physical Injury to the Victim: If the robbery results in significant bodily harm, this escalates the offense, increasing sentencing exposure.
- Use of an Accomplice: Being part of a group or committing robbery with an accomplice can raise the charge to second-degree robbery, even if you personally did not injure anyone.
- Targeting a Vulnerable Victim: If the victim is elderly, disabled, or otherwise particularly vulnerable, prosecutors may seek enhanced penalties.
- Previous Criminal Record: Prior convictions, especially for violent felonies, can lead to sentencing enhancements under New York’s Persistent Violent Felony Offender statute.
Our skilled robbery defense lawyers will examine the circumstances of your case to challenge any aggravating factors and fight for reduced charges or a lesser sentence.
Contact Our Robbery Lawyers Today
Charged with robbery in New York? Don’t face your charges without an aggressive team of robbery defense lawyers who can aggressively represent your interests. Contact Castro & Trodden, LLC, for a free case evaluation today. We stand ready to fight for you, every step of the way.
