In New York, a person is guilty of armed robbery if they have with them or use a deadly weapon when they have forcibly stolen property, or in immediate flight after having stolen the property. Armed robbery falls under the broader category of robbery in the first degree, which is a class B felony and can result in a sentence of up to 25 years in prison. While these charges are serious, our experienced New York criminal defense attorneys are ready to assist you with understanding and fighting these charges.
Examples of a “deadly weapon” include:
- loaded weapons from which a shot can produce serious injury or death,
- plastic or metal knuckles,
- any type of gravity, pilum ballistic,
- metal knuckle knife.
The addition of the deadly weapon during the course of the robbery also institutes a minimum of 5 years in state prison if convicted. Because the charges and the possible sentence if convicted are serious, call our experienced New York criminal defense attorneys now to assist you in the receiving the best possible outcome on your case.
Keep in mind, no actual injury has to occur during the robbery for these charges to be brought, only that the person committing the robbery has a weapon like the ones listed above with them. Even if the weapon was never used, for example say the person committing the robbery had an unsheathed switchblade in their hand, but never used it for anything, not even to threaten anyone, they could still be charged with armed robbery. It should also be noted that after the robbery has been committed, if the person is still armed or becomes armed with a weapon when they are leaving the area where the robbery occurred, they can still be charged with armed robbery even if no weapon was used during the robbery itself.
However, if you have been charged with attempted robbery, there are still options. Although these charges are serious, our team of experienced criminal defense attorneys may be able to apply certain defenses to these charges, such as filing a motion to dismiss the charges or having the evidence suppressed. The evidence must also be clear that the weapon was present during or while in the process of leaving the scene of the crime. Previous cases have been able to argue that the presence of a note suggesting or stating that the person committing the robbery is not enough evidence on its own to convict a person of armed robbery. In this arguments, they say that more extensive proof that a weapon exists is needed, such as a witness having seen the weapon or there being video or photo proof of the weapons existence during or after the robbery.
Call our team of experienced New York criminal defense attorneys now to speak with them about possible defenses available if you have been charged with armed robbery. Our team is ready to work with you to find the best options in receiving the best possible outcome on your case.