Bronx Robbery Lawyer
People facing allegations of robbery may wonder why they are facing robbery charges as opposed to ones for larceny, or may not understand why the charges are so severe. A Bronx robbery lawyer could help people understand the charges they are facing, the consequences of a potential conviction, and fight back against these charges in court.
Robbery is always a serious matter. Even the lowest level of this charge is a felony. A conviction can forever change a person’s life as most guilty verdicts result in prison time and a permanent criminal record. A dedicated theft defense attorney could fight tirelessly to lessen the impact of a robbery charge on someone’s life.
Different Robbery Charges in the Bronx
Robberies are a form of theft. The main difference between a robbery and a larceny is the use of force. According to New York Penal Law §160.00, anytime a person steals an item from another through the use or threat of force, the court may charge them with robbery. Within this general definition, New York Penal Law provides three classes of robberies, each with their own definitions and potential penalties. It is important for anyone facing robbery penalties to seek the services of a Bronx robbery attorney.
Third Degree Robbery
The basic form of this crime is a robbery in the third degree. Under New York Penal Law §160.05, these allegations are a class D felony. However, robbery becomes much more serious with the presence of aggravating factors that can build upon the basic definition of robbery and provide for much harsher penalties.
Second Degree Robbery
A robbery in the second-degree charge applies when the robbery results in any injury to a person who is not the perpetrator or involves the display of a firearm. This statute is also used whenever a person commits a robbery with the aid of another person or when the item that was stolen is a motor vehicle. According to New York Penal Law §160.10, this is a class C felony.
First Degree Robbery
The most serious robbery charge is the robbery in the first degree. New York Penal Law §160.15 states that anytime a robbery results in serious bodily injury the charges are a class B felony. In addition, the court may use this statute if the person allegedly used a loaded firearm to commit the crime. A defendant may argue that the weapon was not a functional firearm, however, even a successful use of this affirmative defense may only lower the charges to the robbery in the second degree.
Other Important Aspects of the Law
One other aspect of the law to keep in mind is the concept of a forcible taking. Robbery only applies when someone allegedly took an item from a person who was not willing to let it go.
Instances where a property owner entrusts the item to the defendant and the defendant simply does not return the item is not considered a robbery. This may be an incident of larceny, as per New York Penal Law §155.05, but larceny generally carries less severe penalties. Anyone with questions concerning what behavior is considered robbery should consult a knowledgeable Bronx robbery lawyer.
A Bronx Robbery Attorney Is Here to Help
Anytime a person faces allegations of a robbery, they face felony-level charges that can be made much more serious if the alleged theft involved the use of a gun, resulted in an injury, or was committed with the help of another person.
A Bronx robbery lawyer could help someone fight back against these charges. They work to examine the prosecution’s case, including any witness statements, for inconsistencies that can be challenged at trial. Contact an attorney today to schedule your consultation.