NY Penal Law § 160.10: Robbery in the second degree

Like larceny and burglary, robbery is a type of theft. It is different from other theft crimes in that robbery is stealing by using physical force or the threat of physical force. The force or threat of force can be directed toward the victim or toward a third party. There are 3 degrees of robbery: robbery in the first degree, second degree and third degree. According to New York Penal Code § 160.10 you could be prosecuted for robbery in the second degree if:

1. You use a gun,
2. The victim suffers a physical injury,
3. You commit the robbery with the help of another person, or
4. You steal a car

Thomas confronted Shannon on a dark street. He had a knife in his hand and demanded Shannon's purse. James served as a lookout. Both Thomas and James could be prosecuted for robbery in the second degree, even though James only served as the lookout.

1. Burglary in the second degree: New York Penal Code § 140.25
2. Criminal possession of stolen goods in the second degree: New York Penal Code § 165.52

There are several possible defenses to a charge of robbery in the second degree. For example, if you face a second degree robbery charge based on the victim suffering an injury, then a possible defense is that the victim did not suffer an injury as defined by New York Penal Code § 10.00(9). Under the Penal Code a physical injury is more than a small cut or a bruise that disappears in 1-2 days. It is an injury that results in a physical impairment or substantial pain.

Because robbery in the second degree is a class C felony, the maximum prison sentence is generally 15 years. However, the actual length of your prison sentence will largely depend on your prior criminal record. If you have no prior convictions the judge will still be required to sentence you to at least 3.5 years in prison because robbery in the second degree is also classified as a violent felony. If you are classified as a non-violent predicate offender the court will be required to sentence you to at least 5 years in prison, while if you are classified as a violent predicate offender, you will be sentenced to at least 7 years in prison. In addition, you may be ordered to pay a significant fine as well as restitution to your victim.

A person is guilty of robbery in the second degree when he forcibly steals property and when:

1. He is aided by another person actually present; or
2. In the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime:
   1. Causes physical injury to any person who is not a participant in the crime; or
   2. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or
3. The property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law.

If you have been charged with robbery in the second degree, it is important that you immediately seek experienced legal guidance. The potential consequences of being convicted of robbery in the second degree involve spending years in prison and paying significant fines. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with felonies and misdemeanors in violation of New York state law and federal law. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.