In New York, robbery is defined as larceny with the use of force, intimidation or threat of force. Larceny is the unlawful taking of someone’s property without their consent and with the intent to keep their belongs. The term “keep” means a person doesn’t intent to give the property back. The state has various degrees or charges for robbery. One type of robbery is robbery in the second degree.
What is Robbery in the Second Degree?
Robbery in the second degree is the unlawful taking of property by force. What makes it second-degree robbery is that it can occur in one of three ways. The first way robbery in the second degree occurs is when the accused helps another person take someone’s belongings. This means the individual didn’t actually take anyone’s property. Instead, they helped someone take the belongings.
A person can be accused of second-degree robbery if they take property during the commission of a crime or while fleeing a crime. During the crime or flight away from crime, the accused caused physical injury to anyone. This can be an alleged victim or a bystander.
If a person shows a weapon such as a machine gun, a firearm, revolver or pistol during the forcible larceny, they can be accused of second degree robbery.
An individual can also be charged with stealing property in the second degree when they take a motor vehicle. This means the accused if a person doesn’t have consent to use another person’s vehicle and refuses to return it to the owner, they can be charged with robbery in the second degree.
Penalty for Robbery in the Second Degree in New York
Robbery in the second degree is a Class C felony. This means that the person is facing prison time. The minimum prison time for the crime is at least three and ½ years. If the accused is a youthful offender, they may not face such as harsh sentence.
Remember, this is the mandatory minimum. A person convicted of second degree robbery can be sentenced to more time in prison. It’s also important to note that a person convicted of this crime can’t receive a lighter sentence. Thus, probation isn’t allowed.
Possible Defenses to New York Robbery in the Second Degree
The state must prove beyond all reasonable doubt that the accused committed robbery in the second. Anyone accused of this crime can defend themselves against the charge. This is called presenting a defense. The purpose of a defense is to challenge the state’s case and prove a person’s innocence.
Several defenses are available when fighting a second degree robbery charge. For example, a person can plead innocent. They can also show they had an alibi. This means they couldn’t have committed the crime because they were somewhere else when the crime occurred.
Attacking the elements crime is also a defense. For example, New York law requires a person to permanent deprive the owner. The person can claim they never had the intent to permanently deprive an owner of their belongings.
Consent is another defense. Second degree robbery requires that the taking of the property was unlawful. “Unlawful” refers to not having consent from the owner to take the property. The accused can challenge the state’s case by showing they did have consent of the owner to take the property.
Contact a Criminal Attorney to Fight Your Robbery in the Second Degree Charge
If you’ve been charged with robbery in the second degree, seek immediate legal representation from an experienced criminal attorney. You must be advised of how to fight this charge and all legal consequences of a criminal conviction in this case. Contact us today.