Theft Offenses Involving Firearms

New York has some of the toughest gun control laws in the country, and theft crimes involving firearms may have severe consequences. If you have been arrested for armed robbery, grand larceny of a firearm, or another New York theft offense involving firearms, you could face felony charges. At Tilem & Associates, our Westchester County gun crime attorneys can work aggressively to defend you against state or federal criminal allegations and protect your interests before the court. We have significant experience handling theft and gun crime cases and can answer any questions you may have about the proceedings.

Theft crimes make up a wide range of New York criminal offenses, from white collar crimes to identify theft. When a gun is used or carried in the commission of a theft, the crime may be charged as a more serious offense. Some New York theft offenses that commonly involve the use of firearms are robbery and burglary.

Robbery is theft with the use of force, or simply, forcibly stealing from another person. If a firearm is involved during the commission of a robbery, or while a suspect is fleeing the scene, the offense may be charged as robbery in the second degree or robbery in the first degree, depending on the circumstances.

Robbery in the second degree is committed when, during the course of the robbery or immediate flight therefrom, the defendant or another participant in the crime displays what appears to be a pistol, shotgun, revolver, rifle, machine gun, or other firearm. It is important to note that displaying a fake gun, or concealed object that looks like a firearm, is enough to be charged with robbery in the second degree. Further, an unarmed defendant may be convicted of the offense even if he was unaware that the other participant had a gun. Robbery in the second degree is a class C felony that carries a maximum prison sentence of 15 years, although persistent felony offenders may receive more time.

Robbery in the first degree may be charged when the defendant or another participant is armed with a gun, uses or threatens the immediate use of a gun, or displays what appears to be a firearm. If the defendant can show that the firearm was not loaded or not capable of firing, the charge may be lowered to robbery in the second degree. Robbery in the first degree is a class B felony. A conviction is punishable by a minimum 5-year prison sentence, fine, restitution, and/or other penalties.

Burglary is committed when a person knowingly enters or remains unlawfully in a building or dwelling with the intent to commit a crime, such as theft. A defendant may be charged with burglary in the first degree if, while entering or inside the dwelling or fleeing therefrom, the defendant or another participant in the crime is armed with a firearm, uses or threatens the immediate use of a firearm, or displays what appears to be a pistol, revolver, shotgun, rifle, machine gun, or other firearm. Burglary in the first degree is a class B violent felony, punishable by a prison sentence ranging from 5 to 25 years. An armed burglary charge may be lowered to burglary in the second degree under some circumstances, such as if the gun was unloaded or the building entered into was not a dwelling. Burglary in the second degree is a class C violent felony, but carries a minimum jail sentence for a conviction.

If you are facing charges for a theft offense involving firearms, you can retain a Westchester County defense lawyer to protect your rights. At Tilem & Associates, our skilled attorneys have over 25 years of experience defending individuals against gun crimes and other state and federal criminal charges in Westchester County. We also represent defendants in the Bronx and Queens, as well as Kings, Nassau, Suffolk, Rockland, Richmond, and Putnam Counties. Schedule a free consultation with one of our attorneys by calling Tilem & Associates at 877-377-8666 or contacting us online.