In New York, robbery is defined as using force, attempting to use force or threatening the use of force while committing larceny. Larceny is defined as the unlawful taking of property that belongs to someone else. The unlawful taking is done without their consent and with the intent to deprive the owner of the property forever. This means that New York defines robbery as the unlawful taking of property without consent and with the intent of permanently depriving them of it.
The state separates robbery into degrees. These degrees vary from severe, with is the first degree to less severe. The latter is called robbery in the third degree and it is outlined under the state’s criminal law 160.05.
What is Robbery in the Third Degree in New York?
If a person is accused of robbery, they are accused of forcibly stealing property. This means that a person is accused of attempting to use force, using force or intimidation to take property from the alleged victim. For example, you may be accused of third-degree robbery in New York if you snatch a woman’s bag off their shoulder. You may also be accused of this type of robbery if you made the alleged victim believe you have a weapon and will use if they don’t give you their property. The term “property” simply means anything of value such as money or credit cards.
The Punishment for Robbery in the Third Degree Conviction
It doesn’t matter that robbery in the third degree is a lesser crime than robbery in the first degree. The punishment is still harsh. The state considers third degree robbery a Class D felony. This means a person convicted of the crime is looking at prison time. In fact, they can be sentenced to three to seven years in prison.
The Judge Has the Discretion in Sentencing for Third Degree Robbery
Although a person convicted of third degree robbery in New York is facing the possibility of at least three years in state prison, the sentencing judge may decide to choose an alternative option. For example, an individual may be sentenced to one year in county jail instead of prison.
The judge may decide to impose a split sentence. This means the person serves six months in county jail and has the remainder of their sentence as probation or conditional discharge. Probation refers to following some specific requirements set by the court such as meeting with a probation officer periodically. A conditional discharge means that the offender must complete specific things set by the court because neither probation nor imprisonment is appropriate.
The other three option are:
1. Three to five years of probation
2. Unconditional release
3. Conditional release
In addition, to spending time in prison, being placed on probation or having conditional release, a person faces more punishment. Robbery in the third degree possibly includes paying fines, fees and restitution. Restitution is paid to the alleged victim of the robbery. The purpose is to cover the out-of-pocket expenses they incurred because of the robbery. This means the person is paying the alleged victim for the property they were convicted of stealing or the stolen property that was damaged.
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Any type of robbery charge is extremely serious. If you are facing a robbery in the third degree charge, contact us right away. You can’t take a chance with your life. You’re facing years in prison. These are dire consequences of being convicted of robbery. It’s time to start fighting the robbery charge. There’s no time to wait. Contact us today and let’s start working on a defense for you.