Robbery Cases In New York
Our Westchester criminal defense lawyers have handled numerous robbery cases. If you are charged with a robbery or other felony in Westchester County let our White Plains criminal defense attorneys help you minimize the harm to your life. With our extensive experience in Westchester criminal courts, our lawyers are familiar with every aspect of felony cases from initial arraignment and bail applications, motion practice, discovery and even trial.
Often times, a simple fight turns into allegations of robbery where one party claims that the other stole something or tried to steal something. Likewise our attorneys have experience in challenging the identification by witnesses, which is often shaky.
Under New York’s Penal Law 160, a robbery is basically a forcible stealing. A robbery is committed when while stealing something, the accused uses or threatens the immediate use of physical force upon another person to prevent resistance to their taking of the property. A robbery is also committed when the accused uses or threatens force to keep the property immediately after the taking it. A robbery also occurs when the accused uses or threatens force to compel the property’s owner or another person to deliver the property. Simple robbery, which is called Robbery in the Third Degree, is a class D felony under New York law. An unsuccessful robbery is generally considered an attempted robbery, which is a class E felony. A simply taking of property without the use or threat of force is a petit larceny which is class A misdemeanor.
Several factors under New York law, heighten the punishment associated with the felony by increasing the grade of the felony. For example, a robbery in the third degree is upgraded to robbery in the second degree, where the person committing the robbery is aided by another person who is present or the defendant causes a physical injury to any person who is not a participant in the crime; or the accused displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm. Robbery in the second degree also occurs when the property is a motor vehicle. Robbery in the second degree is commonly charged in cases involving car jacking. Robbery in the second degree is a class C felony.
Robbery in the first degree, as defined by New York Penal Law 160.15, occurs when while either committing the robbery or in fleeing the robbery, the defendant causes serious physical injury to any person who is not a participant in the crime; or is armed with a deadly weapon; or uses or threatens to use a dangerous instrument; or displays what appears to be a firearm. Robbery in the first degree is a class B felony.
Although it is an affirmative defense to robbery in the first degree if the firearm was not a loaded weapon from which a shot, could be fired. Although the inability to fire a weapon is a defense to a robbery in the first degree, it is not a defense to robbery in the second degree or robbery in the third degree.
All robbery cases are felonies and are generally transferred to Westchester County Court in White Plains. The White Plains County Court is within walking distance from our office in downtown White Plains. Our Westchester criminal defense lawyers have handled felonies arising out of the Westchester towns including White Plains, Yonkers, Mount Vernon, Rye, Sleepy Hollow, Greenburgh, Elmsford, Valhalla, New Rochelle, Bronxville, Scarsdale, Mamaroneck, Hartsdale, Harrison, Mount Vernon, Port Chester and Mount Kisco.