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The Difference Between First, Second & Third Degree Robbery

The Difference Between First, Second & Third Degree Robbery

Posted By Hochheiser & Hochheiser || 10-Feb-2014

In New York State, robbery is defined as "forcible stealing." This means that you could only be charged with this crime if you have used physical force, or threatened to use physical force, in order to take another person's property—unlike larceny, which is generally defined as the act of taking someone else's property with the intent of removing it from their possession indefinitely (i.e. shoplifting). Depending on the circumstances of the theft, you could either be charged with robbery in the first, second or third degree. While robbery in any form is a felony offense, the penalties will vary depending on the severity of the charges.

Article 160 of the NY Penal Code defines robbery as:

Robbery in the First Degree

  • Robbery in the first degree is a Class B felony. One would be guilty of this crime if they and another participant have forcibly stolen property and a) caused serious physical injury to the victim, b) armed themselves with a deadly weapon, c) used or threatened to use the deadly weapon and/or d) displayed a pistol, revolver, rifle, shotgun, machine gun or other firearm. The penalties for this crime may include up to 25 years in state prison.

Robbery in the Second Degree

  • Robbery in the second degree is a Class C felony. One would be guilty of this crime if they and another participant have forcibly stolen property and a) caused physical injury to the victim and/or b) displayed a pistol, revolver, rifle, shotgun, machine gun or other firearm. If the defendant acted alone but stole a motor vehicle, they could also be charged with second degree robbery. The penalties for this crime may include up to 15 years in prison.

Robbery in the Third Degree

  • Robbery in the third degree is a Class D felony. One would be guilty of this crime if they have forcibly stolen another person's property. It does not need to be proven that a dangerous weapon was present and/or that the victim was physically injured; it must only be shown that the defendant used force or threated the immediate use of physical force while carrying out the theft. The penalties for this crime may include up to 7 years in prison.

Have you been charged with robbery in New York State? If so, you should not hesitate to retain the help of a New York City criminal defense lawyer from Law Offices of Daniel A. Hochheiser. Our firm is backed by nearly five decades of legal experience and an impressive track record of success, so you can trust that your future will be in good hands when you turn to us for an aggressive defense. Call our office today at (800) 813-9069 to schedule your free initial consultation.

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