Schedule Your Free Consultation

PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients and prospective clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options

Tipping The Scales Of
Justice In Your Favor

When can an individual be accused of robbery in New York?

On Behalf of | Apr 15, 2016 | Larceny & Theft |

“Cops and robbers” might be a fun game that children in New City play, but the fact is that there are numerous types of theft crimes in New York, the violation of which could be considered felonies. Today we are going to hone in on one specific type of theft crime: robbery.

Robbery, under New York law, basically comes down to forcible stealing. What is considered to be forcible stealing? Forcible stealing occurs when a person is in the act of committing a larceny and threatens another individual with immediate physical force in order to keep the person from resisting the theft or to force the individual to give up the property.

Robbery comes in various degrees. For example, third-degree robbery takes place when in fact the accused actually and forcibly takes the property of another. Compare that to second-degree robbery. Second-degree robbery takes place when the accused actually and forcibly takes the property of another in a number of specific circumstances. One is if the accused commits robbery with the help of another individual at the scene of the incident. Another is if, when committing the crime or fleeing the crime, the accused physically harms a party who did not participate in the crime. Other circumstances include, if the individual allegedly committing the robbery displays a firearm or if the property being stolen is a motor vehicle. There is also first-degree robbery, which this post will not cover.

While the elements of some crimes may seem straightforward in fact they can be quite nuanced and complex. If any element of the crime cannot be proven beyond a reasonable doubt, the individual accused of the crime cannot be convicted. This is just as true for robbery as it is for other types of criminal charges. Therefore, individuals accused of robbery or any other type of crime should seek the help they need to make their case.


FindLaw Network