Start with the accusation and evidence that may disappear.
After a robbery arrest or an investigator's request, keep the charging papers, court notices and any order of protection. Speak with counsel before discussing the facts. Identify nearby cameras, witnesses and messages promptly so the defense can seek preservation before recordings are overwritten.
Tell the attorney where the encounter occurred, whether more than one person was involved, what property was allegedly taken and what was said about force, injury or a weapon. Do not contact the complainant to resolve the accusation privately. Follow every court order while counsel evaluates the case.
Robbery requires forcible stealing.
Penal Law § 160.00 connects a larceny with physical force or its threatened immediate use. The force must serve a statutory purpose: overcoming resistance to taking or immediately retaining the property, or compelling delivery or other conduct aiding the theft. A theft allegation and a separate argument should not be treated as sufficient without examining that connection.
The evidence must also identify the accused person's conduct and required intent. When several people are alleged to have participated, counsel should analyze § 20.00 and the proof of intentional assistance, rather than treating association with another person as the entire case.
How the three degrees differ
- Third degree, § 160.05: forcible stealing; a class D felony.
- Second degree, § 160.10: additional circumstances such as aid by another person actually present, specified injury or apparent-firearm conduct during the crime or immediate flight, or theft of a motor vehicle; a class C felony.
- First degree, § 160.15: specified serious injury, deadly-weapon, dangerous-instrument or apparent-firearm circumstances during the crime or immediate flight; a class B felony.
Physical injury and serious physical injury are distinct statutory concepts. Apparent-firearm allegations require careful review of the charged subdivision. Section 160.15(4) has a particular affirmative defense concerning an apparent firearm that was not a loaded weapon capable of discharging a shot causing death or serious injury. That defense does not automatically defeat second-degree robbery or every other charge.
Sentencing and collateral concerns
First- and second-degree robbery are classified as violent felony offenses under § 70.02. Under its ordinary determinate framework, the ranges are five to twenty-five years for class B and three and one-half to fifteen years for class C. Exceptions, prior convictions and other sentencing provisions require individual review.
Third-degree robbery is a class D felony; the general indeterminate maximum under § 70.00 is seven years. Do not assume the same sentencing rules govern all three degrees. Discuss release conditions, immigration status, employment, education and professional licensing before deciding on a disposition.
Identification, force and suppression issues
The defense should test the original description, viewing conditions, identification procedures, complete video and any contradiction between witnesses. A short recording may omit the moments explaining the alleged force or taking. The timing and purpose of force can matter as much as whether a confrontation occurred.
Other issues include the reliability of a weapon description, proof of injury, how property was recovered and whether a statement or search was lawful. Counsel can evaluate suppression motions, negotiations and trial preparation against the actual evidence. No particular allegation guarantees dismissal or reduction.
Records that can help the defense
- 911 calls, body camera footage, radio runs and available precinct recordings.
- Store, building, street, transit or vehicle surveillance and preservation information.
- Photo arrays, lineups, showups and the witness's original description.
- Property recovery records, forensic evidence and medical documentation.
- Messages, receipts, rideshare records and other evidence of location or chronology.
Preparing for the next court appearance
Bring the court address, appearance date, complaint and any release order. Tell counsel about statements already made and any request for a further interview. The defense can identify discovery needs, deadlines, possible grand jury decisions and the next preparation steps.
The firm represents clients in New York City and Long Island matters. The assigned court, charge and procedural posture shape preparation. For an example drawn from the firm's published case material, read the Queens robbery case summary. Prior results do not guarantee a similar outcome.