New York Robberies and the Criminal Law Process
Provided by HG.org
Criminal acts of robbery usually cause harm to others and lead to severe penalties for those caught after their actions are over. The illegal intent to take something from someone else by force generally occurs with a weapon, and other crimes are frequently part of these situations which could end in additional consequences.
Robbery is an intentional crime that deprives others of some possession usually at the point of a gun or knife. When injury occurs with a bystander or the intended target, additional charges added to the robbery may increase penalties and ending consequences. Assault, battery and kidnapping or abduction may occur along with a robbery in New York. Many of these crimes occur in banks or the homes of rich individuals. However, for legal justice to occur, the perpetrator must face an arrest. When law enforcement detail a potential robber, evidence gathered increases chances of conviction and prison sentencing.
Robbery in New York Explained
Robbery is the forced stealing of anotherís property. To consider the crime as robbery, he or she would need to use or threaten the use of force through physical means. This often includes a weapon or the touching of another without consent. The individual perpetrating the crime usually overcomes resistance of the victim in taking the property. However, he or she could force the person to give him or her the assets through force or intimidation. If no aggravated charges occur at the time of the illegal act, this is robbery in the third degree in New York.
Degrees of Robbery
Second degree occurs when the individual has forcibly stolen possessions and he or she has help from someone else or there is injury to another along with a weapon. The perpetrator must have some sort of firearm or what appears to be one displayed or used during the incident. He or she may also steal a vehicle for second degree instead of money or some other property. First degree robbery is similar but has different specifics. These include serious injury to another, a deadly weapon in use or armed with or has threatened using it with the others in the incident. Displaying the weapon may show the others that a firearm of deadly force is with him or her. For Third degree, the weapon would need to appear unloaded or without any bullets.
First penalties and sentencing for the degrees increases and the numbers go down. For third degree charges, the individual faces a Class D felony with about two to seven years in prison when convicted. Second degree is more serious as a Class C felony and seven to fifteen years in prison. First degree is the worst crime as a Class B felony starting around ten years and up to 25 years behind bars. However, additional charges may become part of these and increase the years or location of where the person will spend his or her time. Fines may go up to $5000 or cost even more depending on the circumstances and how much in estimated financial impact was stolen.
Robbery Charge Elements
The New York Penal Code Section 160 explains that robbery is forcible stealing actions of a person. However, for conviction in criminal law, the person needs to commit larceny, use or threaten to use some force against the victim in a physical manner and either attempting to or succeeding in taking property form the person. These three factors provide sufficient means to convict, but without one of them, the charges may need to change to another crime. Even at the lowest degree with the fewest penalties, all three elements must occur. The threat or use of a threat is what separates the crime usual larceny.
Defending against Robbery in New York
Simple defense against these charges is to show that the actions were not part of robbing a person. The lack of one of the three element is the easiest way to demonstrate this. However, it is possible to show the courtroom that the person was under duress, entrapped by law enforcement or suffering from mental disease or complications. Defending the actions during the incident is important to keep out of prison.
Hiring a criminal defense lawyer is important for a person accused of committing robbery in New York. The penalties are severe depending on the degree. Other charges may increase the punishments, and only through a legal representative is negotiating lesser penalties possible. If only to remain outside of prison, the accused should hire a lawyer to build a defense.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.