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Robbery
Robbery is a felony crime that involves the taking of property from another with the use of force. In New York State, Robbery is divided into three categories, Robbery in the First Degree, Robbery in the Second Degree, and Robbery in the Third Degree.
Below is the definition for Robbery as stated in the New York State Penal Code.
Section 160.00 of the New York Penal Code
Robbery is forcible stealing. A person forcibly steals property and commits robbery when, in the course of committing a larceny, he uses or threatens the immediate use of physical force upon another person for the purpose of:
1. Preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking; or
2. 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.
Robbery in the Third Degree
Section 160.05 of the New York Penal Code
A person is guilty of robbery in the third degree when he forcibly steals property. Robbery in the third degree is a class D felony.
Robbery in the Third Degree is categorized as a D non-violent felony. Robbery in the Third Degree involves forcibly stealing the property of another. Although this is the least serious category of robbery in New York State, an individual convicted of Robbery in the Third Degree may be sentenced to as much as 2 1/3 years to 7 years incarceration.
Robbery in the Second Degree
Section 160.10 of the New York Penal Code
A person is guilty of robbery in the second degree when he forcibly steals property and when:
1. He is aided by another person actually present; or
2. In the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime: (a) Causes physical injury to any person who is not a participant in the crime; or (b) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or
3. The property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law.
Robbery in the second degree is a class C felony.
Robbery in the Second Degree is a class C violent felony. Though not as serious as Felony in the First Degree, it is nonetheless a very serious felony, a conviction to Robbery in the Second Degree can carry a sentence of up to 15 years incarceration.
Robbery in the First Degree
Section 160.15 of the New York Penal Code
A person is guilty of robbery in the first degree when he forcibly steals property and when, in the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime:
1. Causes serious physical injury to any person who is not a participant in the crime; or
2. Is armed with a deadly weapon; or
3. Uses or threatens the immediate use of a dangerous instrument; or
4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged. Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, robbery in the second degree, robbery in the third degree or any other crime.
Robbery in the first degree is a class B felony.
In New York, Robbery in the First Degree is the most serious type of robbery. While the ultimate sentence imposed by the court depends on a number of factors including the individual’s prior criminal record, those convicted of Robbery in the First degree may be sentenced to up to 25 years in prison. In fact the law provides for a mandatory minimum of 5 years incarceration for someone convicted of this offense even for those who have no prior criminal record. The charge of Robbery in the First Degree usually involves the use of a weapon in the commission of the crime, and or serious physical injury.