New York City Robbery Attorney
If you or a family member has been charged with robbery in New York City, it is crucial to know your rights and the value of legal counsel you trust in this situation. A New York City robbery lawyer can be an invaluable asset in helping you navigate your court proceedings and hopefully avoid conviction. You need to consult a defense attorney as quickly as possible after your arrest.
Robbery is one of the most serious property offenses in New York City. The severity of the offense and potential sentence, if convicted, are tied to robbery’s inherent requirement that physical harm or the threat of physical harm is used to commit the crime. This feature of robbery is addressed more harshly than DWI, drug charges, tax crimes, phishing scams, and other white-collar offenses that don’t involve this intentionally violent element.
At Koch Law, we handle defense to robbery charges in New York City with the toughness and dedication required to beat such charges. The New York City lawyers in our office provide a results-based defense that is focused on a speedy and effective dismissal of all charges for robbery.
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Understanding Robbery in New York City
Robbery in New York City is slightly different from other theft offenses. It isn’t merely larceny and can’t be committed through fraud, extortion, or embezzlement. Rather, robbery in New York is forcibly taking any property, regardless of the total value, from the person of a victim. This means the property must be on the victim’s body, such as an article of clothing or purse, or within close proximity to the victim, such as a television or laptop computer.
However, robbery doesn’t have to involve the use of a gun or other weapon. In New York City, an individual can commit robbery by merely threatening the use of force, harm, or existence of a weapon. The harm threatened must be immediately possible. These small nuances of robbery in New York make it essential that anyone accused of the crime seek criminal law advice from a New York robbery lawyer. Look no further for the New York lawyer you need than at Koch Law.
New York City’s Law on Robbery
Robbery is among the theft and property crimes in the State of New York. While the charges for embezzlement, fraud, and other types of grand and petit larceny are contained a single, consolidated statute in New York, charges for robbery are under a separate statute. In fact, robbery is a very different crime than other larceny offenses. In New York City, robbery is the same as forcible stealing.
The definition of robbery is found in Section 160.05 of the New York Penal Law. This section of the state’s criminal code provides that the following elements are all necessary for a robbery conviction:
- When committing a larceny;
- The defendant uses or threatens the immediate use of physical force in order to;
- Prevent or overcome resistance to the theft or compel the owner to relinquish the property.
There are three degrees of robbery charges that fall under this general definition. The degrees of robbery charges differ in the severity of harm to the victim and method for carrying out the robbery. The other differentiation is the potential punishment for each degree of robbery. As robbery charges become more substantial in nature, so do the corresponding punishments.
- Robbery in the third degree is the default charge for robbery in New York City and is applicable whenever the unlawful actions don’t rise to the definition of the heightened robbery charge.
- Robbery in the second degree is any robbery that involves two or more people working together to commit the robbery, someone other than the defendant is injured during the commission or flight from the robbery, or a gun, rifle, other deadly weapons, or appearance of these weapons is used to commit the robbery.
- Robbery in the first degree is any robbery that causes serious physical injury to an individual not involved in committing the crime, is carried out while armed with a deadly weapon, or the defendant displays or creates the appearance of having a gun, rifle, or other firearms.
Your New York City robbery lawyer can review the charges against you, the police report from your arrest, and the evidence that has been compiled so far to help you determine your most viable defenses against a robbery charge. The first steps you take after arrest are crucial, and it is vital that you work with an attorney who will defend your rights through all stages of your criminal court proceedings.
Defense to Robbery Charges in New York City
If you are investigated or accused of robbery in, the time to call a robbery lawyer in New York City is now. The sooner you start to fight the charges, or investigation into robbery charges, the better, both for the strategy of your defense and potential outcome of your case. Learn more about building the defense you deserve when you contact our NYC office at Koch Law.
Some people are charged with robbery simply due to being in the wrong place at the worst possible time. You may have been arrested because you were in the area where a robbery occurred and matched the physical description of the person who committed the crime. It is also possible for other factors like false accusations to lead to a wrongful arrest. In such cases, an experienced attorney can help you establish an alibi that proves you are innocent.
Remember that in every criminal case, the burden of proof rests with the prosecution. They are responsible for proving the defendant’s guilt; the defendant is not required to prove they are innocent. However, it does not mean you shouldn’t be proactive in your defense and simply wait for the prosecution to fail to make their case. They may still have enough evidence to convince a jury you are guilty even when you know you are not.
It is also possible that your rights were violated by the police during your arrest. For example, if they never read you your Miranda rights, it is a very serious due process violation. It is also possible that you experienced excessive force, police brutality, or other violations of your rights. Bring any such issues to the attention of your attorney immediately so they can address them appropriately in your case.
If you did commit the offense, an experienced New York City robbery lawyer can still be an essential asset to have on your side. The right attorney can potentially help you negotiate a plea deal with the prosecution. New York City prosecutors are often willing to offer plea deals in some cases, exchanging a quick guilty plea and conserved court resources for a lighter sentence and/or reduced or dropped charges.
However, a plea deal is not a guaranteed option in every criminal case, and prosecutors may be unwilling to offer such a deal to a defendant who has committed a serious offense resulting in great bodily harm or death or to a defendant who has a long criminal record. If this is an option in your case, the right attorney on your side can help to ensure the optimal conditions that can mitigate your penalty.
FAQs
The penalties for robbery in New York City can be severe and will be adjusted to reflect the specific details of the case. In New York, robbery is classified as a felony and can be charged at various degrees. Robbery in the first degree carries the heaviest penalties, which may include several years in state prison, fines, and restitution to the victim. Penalties could escalate dramatically if the defendant caused bodily harm or used a deadly weapon in the act.
It is possible to have your robbery case dismissed in New York City under certain conditions. You may need to prove that you are the victim of mistaken identity, and this will mean establishing an alibi that proves you could not have committed the offense. It is also possible for your attorney to highlight procedural violations or any violations of your rights from the police or the prosecution.
You should remain silent if you are arrested for robbery or any other crime because this is your constitutional right. No matter what an arresting officer may say to the contrary, you are under no obligation to make a statement, sign a confession, or answer questions. Even if you know you have done nothing wrong and have been wrongfully arrested, say nothing until you are able to speak with a New York City robbery lawyer.
The time required for a robbery case to conclude in New York City will largely depend on the defendant’s plea. If they plead guilty, the case will proceed relatively quickly to sentencing, but if they contest the charge and plead not guilty, a trial will ensue. Criminal court proceedings can take a long time to complete with large gaps of time between courtroom sessions. Your New York City robbery lawyer can provide an estimate of how long your case may take.
The cost to hire a New York City robbery lawyer can largely depend on the overall complexity of your case. Most criminal defense lawyers charge their clients by the hour, so the more time they spend working on a case, the more it costs the client in attorneys’ fees. Koch Law will go over our billing policy with you at the beginning of your case so there are no surprises when it comes to your legal fees.
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Robbery is a serious crime, and conviction for this offense can lead to many years in prison along with other penalties. If you or a family member has been charged with robbery, it is vital to know and exercise your rights. An experienced New York City robbery lawyer can be an invaluable asset in this situation, so contact Koch Law and schedule a consultation with our team to learn how we can help you.
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