Robbery accusations bring severe consequences, as they combine theft with allegations of force or intimidation. In New York, robbery is treated as a violent felony, with penalties that can include decades in prison, heavy fines, and a criminal record. For residents of Nassau County and across Long Island, having a defense attorney familiar with local laws, courts, and prosecutors is critical to safeguarding your rights and future. When you are facing charges on Long Island, understanding the legal complexities surrounding robbery charges and hiring a knowledgeable Long Island criminal defense firm is crucial to building a strong defense.
What is Robbery in New York?
Robbery involves forcibly stealing property. It is differentiated from other theft offenses by the use or threat of force during the act or immediately afterward. The degree of force and other aggravating factors determine the severity of the charge. There are three general robbery charges.
Robbery in the Third Degree (NY Penal Law § 160.05)
Robbery in the Third Degree is the least severe charge but remains a felony. It occurs when someone forcibly steals property without involving weapons, accomplices, or injuries.
Example: Pushing someone in a Garden City parking lot to grab their bag.
- Penalties: Up to 7 years in prison as a Class D Felony.
Robbery in the Second Degree (NY Penal Law § 160.10)
This charge escalates when certain aggravating factors are present, such as:
- Acting with another person who is physically present during the robbery.
- Causing physical injury to the victim.
- Displaying what appears to be a firearm.
- The property taken is a motor vehicle.
Example: A person in Hicksville steals money from a clerk, and an accomplice waits outside to assist in the escape.
- Penalties: Up to 15 years in prison followed by up to 5 years post-release supervision as a Class C violent felony.
Robbery in the First Degree (NY Penal Law § 160.15)
This is the most severe robbery charge and involves:
- Being armed with a deadly weapon.
- Using or threatening to use a dangerous instrument.
- Displaying what appears to be a firearm (It is an affirmative defense if the defendant can show that the firearm was unloaded or incapable of causing serious physical injury or death).
- Causing serious physical injury to the victim.
Example: A person in Westbury uses a knife to threaten a delivery driver while taking their wallet and phone.
- Penalties: Up to 25 years in prison followed by up to 5 years post-release supervision as a Class B violent felony.
Key Case Law Shaping Robbery Defense
Possession of a Weapon – Actual Possession Requirement
In People v. Ford, 11 N.Y.3d 875 (2008), the Court of Appeals held that a defendant charged with robbery involving a dangerous instrument must have had actual possession of the instrument. A jury must be instructed on this point, as merely reading the statute is insufficient. This case highlights how technical errors in jury instructions can be used to challenge convictions.
Timing of Force or Threats
In People v. Carr-El, 99 N.Y.2d 546 (2002), the Court clarified that the use of force or threats doesn’t need to coincide exactly with the theft. Even if the force occurs minutes after the taking, the jury can determine whether it was connected to the robbery.
Ownership and Right of Possession
The Court in People v. Wilson, 93 N.Y.2d 222 (1999) rejected the argument that a mall security guard became a “gratuitous bailee” of stolen property. It ruled that the guard’s right of possession was not superior to that of the thief. However, robbery charges could still apply if the force was used during flight, even against a non-owner of the property.
Simulating a Weapon
In People v. Micolo, 30 A.D.3d 615 (2d Dept. 2006) , the court held that pointing an object resembling a gun and making threats met the legal standard for “displaying what appears to be a firearm,” which can elevate robbery charges. This reinforces the need for detailed cross-examination of witnesses claiming to have seen a weapon.
Effective Defense Strategies Against Robbery Charges in Nassau County
Each robbery case requires a personalized approach. Strong defense strategies include:
- Lack of Intent to Steal: If the accused was not intentionally trying to steal property, the prosecution may not meet the burden of proof required for a robbery conviction.
- Absence of Force or Threats: Demonstrating that no intimidation occurred can reduce the charge to a lesser offense, such as larceny.
- Mistaken Identity: Robbery cases frequently depend on eyewitness testimony, which can be unreliable. A strong defense will scrutinize the identification process and question the witness’s ability to accurately identify the suspect.
- Insufficient Evidence of a Weapon: If there’s no clear evidence that a weapon was present or displayed, the charge may be downgraded.
Why Local Knowledge of Nassau County and Long Island Courts Matters in Robbery Defense
Defending robbery charges in Nassau County and across Long Island requires in-depth knowledge of the local legal system. From the courts in Hempstead and Mineola to Central Islip and Riverhead, each jurisdiction has its own set of practices, prosecutors, and judges. Understanding these differences is essential to crafting an effective defense strategy.
Attorney Ramy M. Louis, a former Senior Nassau County Prosecutor and experienced Long Island Criminal Defense, offers a unique advantage in defending clients against robbery charges across Long Island. Attorney Louis knows how to anticipate Long Island prosecutorial tactics and develop a personalized defense that best serves your interests.
Frequently Asked Questions About Robbery Charges
What happens if no weapon was used during the robbery?
If no weapon was involved, the charges may fall under Second or Third Degree Robbery, depending on the circumstances. However, even implying the presence of a weapon, such as keeping a hand in a pocket, can elevate the charge.
Can robbery charges be reduced?
Yes, charges can be reduced to lesser offenses like larceny if the prosecution’s evidence of force or threats is weak. Skilled negotiation or trial advocacy is crucial.
Does the victim have to be the property’s owner?
No. In People v. Wilson, the Court clarified that the victim of force or threats does not have to be the owner of the property. The crime focuses on the use of force during the theft.
How does a prosecutor prove robbery charges?
The prosecutor must prove that the defendant forcibly took property from another person, using physical force, threats, or intimidation. In more severe cases, they may need to prove that a weapon was involved or that serious injury was caused. An effective defense attorney will scrutinize the evidence, challenge the prosecution’s arguments, and ensure that the prosecution meets its burden of proof.
How can a defense attorney challenge eyewitness testimony?
Eyewitness testimony plays a significant role in many robbery cases, but it’s not always reliable. A defense attorney can dispute the credibility of the witness by pointing out factors that may have impacted their ability to accurately identify the suspect. These factors could include poor lighting, distance, and the stress of the situation, all of which can distort a witness’s memory. Additionally, your attorney may challenge the circumstances under which the police conducted the identification, particularly if the process was suggestive or flawed. By highlighting these issues, your attorney can cast doubt on the reliability of the eyewitness testimony.
Protect Your Rights with an Experienced Long Island Robbery Defense Lawyer
If you’re facing robbery charges in Nassau or Suffolk County, a strong defense starts with a knowledgeable Long Island Robbery defense lawyer who understands the law and is dedicated to securing the best possible outcome for your case.
With over a decade of criminal law experience and extensive knowledge of Long Island courts, Attorney Ramy Mikhail Louis offers aggressive and tailored representation.
Contact The R.M.L. Law Firm, PLLC today for a free consultation and take the first step toward your defense.
