Robbery

Article 160 of the New York Penal Law governs robbery. Under New York Law, there are three different degrees of robbery. Two of the three degrees of robbery are considered violent felonies and, if convicted, carry significant jail time. NY Penal Law § 160.00 defines robbery as forcible stealing. A person forcibly steals property and commits robbery when, in the course of committing a larceny, one uses force or the threatens the immediate use of physical force upon another person. Under the New York State Penal Law, the force or threat of force must be for the purpose of:

  • Preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking; or
  • Compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the larceny.

The three degrees of robbery our office has handled:

Robbery in the third degree

Under NY Penal Law § 160.05, a person can be charged with Robbery in the third degree if they forcibly steal property. Physical injury and the use of a weapon is not required.  

Robbery in the third degree is a class D non-violent felony and punishable by and up to 2 1/3 to 7 years in prison.

Robbery in the second degree

Under NY Penal Law Section 160.10, a person can be charged with Robbery in the second degree, when they forcibly steal property and when:

  1. They are aided by another person actually present; or
  2. In the course of the commission of the crime or of immediate flight therefrom, they or another participant in the crime:
  • Cause physical injury to any person who is not a participant in the crime; or
  • Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm ; or
  • The property consists of a motor vehicle.

Robbery in the second degree is a class C violent felony and punishable by and up to 3 ½ to 15 years in prison. 

Robbery in the first degree

Under the NY Penal Law Section 160.15, a person can be charged with Robbery in the first they forcibly steal property and when, in the course of the crime or of immediate flight therefrom they or another participant in the crime:

  • 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 the immediate use of a dangerous instrument; or
  • Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.

Robbery in the first degree is Class B violent felony and punishable by and up to 5 years mandatory minimum and 25 year maximum.

Experienced New York Robbery Attorney

If you have been arrested for violating any section of Article 160 of the New York Penal Law, it is in your best interest to immediately retain experienced legal counsel.  Consult an experienced criminal defense attorney who has successfully defended robbery charges with case specific defenses such as misidentification, false confessions and robbery specific affirmative defenses. A robbery conviction could have substantial consequences on your well-being, immigration status, finances, licenses, certifications and ability to retain/obtain employment. Mr. Garcia has successfully handled robbery cases and his extensive experience as a prosecutor provides an irreplaceable perspective of how prosecutors and law enforcement officials develop and investigate robbery cases.

The Law Office of Cory Garcia, P.C. serves clients throughout New York City Supreme and Criminal courts in Manhattan, Brooklyn, Bronx, Queens, Staten Island as well as Westchester, Orange, Putnam, Rockland, Suffolk and Nassau counties. To schedule a free consultation with the Law Office of Cory Garcia, P.C., contact us directly at (914)-705-3745.