Many mistakenly use the term “robbery” very broadly, in reference to a number of theft-related crimes including burglary. But robbery is specifically defined in the New York Penal Code as the act of stealing property from another person with the use or threat of physical force.
If you walk into a convenience store, slip items into your pocket and leave without paying for them, that’s petit larceny. But if you display a gun and demand the retail clerk to give you all the money in the cash register, that’s robbery.
Because of the element of force, this charge is considered a felony in New York. Conviction could result in several years of prison time.
Levels of Robbery Charge in New York
New York divides robbery into three major categories: First Degree, Second Degree, and Third Degree.
Robbery in the Third Degree is a Class D felony. It does not require that you cause the victim physical injury.
Robbery in the second degree is a Class C felony. You will be charged if you commit robbery in the first degree while being aided by another person.
Robbery in the First Degree is a Class B violent felony – it’s the most serious form of robbery and convicts are sentenced to a maximum of 25 years prison term and a five-year mandatory minimum for someone with no criminal history.
Defining Use of Force or Threat of Force
In robbery cases, the use of force or threat of force must be immediate, and used as a tool to threaten or hurt the victim if the item or property isn’t handed over. Note that a threat of force at a later time is not robbery. Therefore, if you say, “Give me half a million dollars or I will hurt your family,” that’s not robbery, but extortion.
In addition, “force” does not always mean a gun was involved. It could be a slap, or the use of everyday items as a weapon. If you use the straps of a bag to threaten someone, for instance, a lower-level robbery could be raised to a more serious offense.
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