In the Empire State, robbery can be classified as a class B felony. Since robbery is a felony, you can expect a lengthy prison sentence, substantial fines and significant post-incarceration prohibitions if you sustain a conviction. Armed robbery will earn you an even harsher sentence. For more information about armed robbery in New York, please read on, then contact an experienced Nassau County violent crimes lawyer today. The following are some questions you may have:
What constitutes armed robbery in the state of New York?
In New York, a robbery occurs when a person commits larceny and a second act or threat of violence at the same time. Such a second act includes, but is not limited to, the following:
- Inflicting bodily injury or using force upon another person in order to prevent the victim from resisting
- Using physical force or the threat of physical force in order to compel the victim to turn over the property
Armed robbery, in criminal law, is an aggravated form of theft that involves the use of a lethal weapon to perpetrate violence or the threat of violence, i.e. intimidation, against a victim.
What are the consequences of an armed robbery in New York?
Because armed robbery is a class B felony, it can lead to up to twenty-five years in New York State Prison. Along with a term of imprisonment, the defendant will also face a fine of up to $5,000 or twice the amount the defendant gained by committing the offense. The Empire State strictly prohibits people convicted of armed robbery from owning or possessing weapons for the rest of their lives. Lastly, a conviction for armed robbery severely restricts your access to higher education and employment, retirement and pension benefits, it impacts your insurance rates, risks your immigrant status, limits your travel and leisure prospects, takes away your right to vote, damages your family relationships and more.
How do you defend against armed robbery charges?
Every case holds its own set of circumstances, upon which your defense will depend. Should the circumstances warrant it, your Nassau County criminal defense attorney may bring up the following issues:
- Mistake of Fact
- Mistaken identity
- Evidentiary issues
- Miranda Rights violations
- Speedy trial rights violations
- Your “intent” to commit a robbery
- Whether there was probable cause
- The reliability of eyewitnesses, especially if accounts conflict
- Whether you were really in “possession” of a weapon
- Violations in police procedure and protocol
- Your alibi
- Criminal Rules of Procedures issues
- Other violations of Constitutional Rights
Let us fight on your behalf by giving us a call today.
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If you are facing any criminal or traffic matter, contact us today to schedule your first consultation.