In Brooklyn, robbery is a felony, not a misdemeanor. A felony crime is punishable in the state by at least one year in prison. Robbery is a complicated crime because it involves another criminal act, larceny. Robbery is outlined in New York State’s Penal Code 160.
According to New York Criminal Law Robbery is Forcible Stealing
Larceny, commonly called theft, is the unlawful taking of property belonging to another with the intent to never give back the property. This means the one accused of larceny does not have permission to take property and intends to give, sell or trade the stolen property.
Robbery occurs when force or threat of force is used to unlawfully take property with the intent to permanently deprive the property owner or their items. The property can be anything of value ranging from money to goods and services.
In Brooklyn, robbery is called forcible stealing. According to Article 160, an individual forcibly steals another person’s property when they threaten or use immediate physical force to obtain the items. The force or threat of force includes using a deadly weapon or a dangerous instrument that could cause serious physical injury or death.
Elements of a Brooklyn Robbery Charge
Elements are the things prosecutors need to prove to convict someone of robbery. Robbery has three specific elements. They are:
• You committed larceny
• You threatened or used physical force immediately on the victim to obtain the property
• You took the property with the cause the larceny or aid in the taking of the property
Along with the three elements, a prosecutor must show other elements depending on the robbery degree. In New York, robbery is separate into three offenses, or degrees.
Degrees of Robbery in Brooklyn
The state categories separate degrees with the first degree being the harshest. First degree robbery is forcibly stealing property while causing physical injury to an innocent person. It also includes using or threatening to use a deadly weapon or dangerous instrument when unlawfully taking property.
Second degree robbery involves forcibly stealing property and causing serious physical harm to an innocent person. It also includes displaying a deadly weapon such as a knife or gun during the crime. You can also be accused of robbery in the second degree when you allegedly forcibly steal a motor vehicle or helps someone commit robbery.
Third degree robbery is the lesser charge. However, it is still a felony. The crime occurs any time property forcibly stolen and physical force or threat of physical force is used.
Penalties for a Robbery Conviction in Brooklyn
Each felony conviction may include a $5,000. If convicted, a person faces:
• 10 to 25 years in prison for robbery in the first degree
• Seven to 15 years in prison for second-degree robbery
• Two to seven in prison for robbery in the third degree
Possible Robbery Defenses in Brooklyn
The specific defense used to avoid conviction will only be determined with the help of legal counsel. A defense is the way to convince a jury or judge that you did not commit the crime. A defense ranges from actual innocence, alibi to no force used in the larceny.
Another defense tactic is to attack the larceny charge. Without the larceny charge, it is hard to show the robbery existed. This means an attorney will challenge whether the accused had the intent to take property belonging to someone with the intent to keep, sell or give it away.
Contact a Brooklyn Attorney about Your Robbery Charge
Whether you are charged with first, second or third degree robbery, you have the right to a criminal attorney. You have the right to defend yourself and prove your innocence. You also have the right to obtain the one law firm ready to fight for you.
Contact us immediately to represent you or a family member in a robbery charge in Brooklyn. We are ready to help you prove your innocence.