Orange County NY Robbery Attorney
Robbery is a fairly common crime throughout Orange County and New York; however, it is often clumped together with charges such as burglary or larceny. According to New York penal code 160.00, robbery is defined as “forcible stealing.” This means that a person can be charged with robbery if he/she, in the course of committing larceny, uses or threatens force to prevent or overcome resistance or compel the owner to hand over the property being stolen.
Because of this broad definition, it is fairly easy for misdemeanor larceny to become a felony robbery. No matter the circumstances surrounding the alleged crime, you need to consider the benefits of a skilled and experienced Orange County NY robbery attorney to vigorously defend these allegations.
Types of Robbery Charges in Orange County NY
Robbery is a felony in New York, meaning that, if you’re convicted, you will not only face imprisonment and large fines, but you may also suffer the lifelong consequences of being a convicted felon (inability to own a firearm, voting restrictions, difficulties in finding a job or acquiring housing, and so forth). Nonetheless, the punishment you may receive depends on the circumstances surrounding the arrest. There are three levels of severity regarding robbery charges, including:
• Robbery in the third degree (160.05) — Defined by forcibly stealing from another person. A Class D felony punishable by the possibility of up to seven years imprisonment
• Robbery in the second degree (160.10) — Displaying what appears to be a firearm, stealing a motor vehicle, or causes injury to any person who is not a participant in the crime. A Class C felony punishable by the possibility of up to 15 years imprisonment
• Robbery in the first degree (160.15) — Causes serious physical injury to any person who is not a participant in the crime, armed with a deadly weapon, uses or threatens immediate use of deadly instrument, or threatening the use of what appears to be a firearm. A Class B felony punishable by the possibility of up to 25 years.
It is important to note that a robbery charge can be substantially aggravated if the alleged robber uses or threatens what could be a deadly weapon. This means that the law is not limited to firearms, and if the alleged offender has a pipe or even a brick, he/she can be charged with a second- or first-degree robbery.
Robbery Defenses in New York Courts
Because a robbery charge is a felony in its most basic form (robbery in third-degree), convicted individuals may be facing imprisonment. Our goal at the Law Office of Benjamin Greenwald is to prove our client’s innocence, investigate instances where law enforcement violated our client’s Constitutional rights, or mitigate the charges as much as possible. There are some proven defense strategies that we may employ, but keep in mind that the approach we take is solely based on the circumstances of your arrest, the alleged charges, your interests, and a consultation between you and Benjamin Greenwald.
One important thing to remember in these cases is that the prosecution has the burden of proving that you committed the crime beyond a reasonable doubt. As such, we will intelligently, yet aggressively, scrutinize and attack the prosecution’s evidence and narrative. By casting reasonable doubt on the prosecution’s case, it may be possible to prove innocence. Other strategies to consider may include intoxication, entrapment, and duress.
Contact Benjamin Greenwald in Orange County NY
Orange County NY robbery attorney Benjamin Greenwald has successfully defended hundreds of individuals charged with felonious robbery, and in our experience, one of the best tactics is to take a personal approach where Greenwald and his clients work together on producing an in-depth, diligent defense. Our goal is to achieve a not-guilty conviction or dropped charges; if the evidence is truly stacked against you, we will tirelessly work for a reduced or alternative sentence.
For a free consultation with Benjamin Greenwald, you can call our New Windsor law office today at (845) 567-4820.