NYC Robbery Lawyer

Aggressive Defense for New Yorkers Charged with Robbery

Prosecutors typically build robbery cases around witness identification, physical evidence, and available surveillance footage. The prosecution must prove beyond a reasonable doubt that force or threat of force was used to steal property as they try to create leverage for plea negotiations.

Early legal intervention is essential in robbery cases. An experienced defense attorney can identify weaknesses in the prosecution’s case, challenge identification procedures, and negotiate on your behalf.

Former prosecutor Mehdi Essmidi understands robbery cases from both sides of the courtroom. Having previously prosecuted these cases, he has firsthand knowledge of how the state builds its arguments and where weaknesses typically occur. This prosecutorial background allows him to develop more effective defense strategies and better serve clients facing robbery charges in NYC. Contact us for a free consultation.

Understanding Robbery Charges in New York

Robbery in New York City is defined as forcibly stealing property from another person. Robbery is a type of theft defined as a violent felony offense involving the use of physical force or the threat.

Robbery charges depend on the degree of the offense. In New York, these charges are divided into three degrees: third degree, second degree, and first degree, each associated with different severity levels and penalties.

Robbery in the Third-Degree

Robbery in the third degree, classified as a Class D felony, involves forcibly stealing another person’s property without causing physical injury or using a deadly weapon. A conviction can result in up to seven years in state prison.

Robbery in the Second-Degree

Robbery in the second degree is a Class C felony. It involves forcibly stealing property and causing serious physical injury, being aided by another person present during the crime, or displaying what appears to be a firearm. This is a violent felony offense, and if convicted, one could face a prison sentence and post-release supervision.

Robbery in the First Degree

First-degree robbery, classified as a Class B felony, is the most severe robbery charge in New York. This involves forcibly stealing property and causing serious physical injury or using a deadly weapon or dangerous instrument. A conviction could lead to substantial prison time and post-release supervision.

Related Crimes

Larceny

Larceny relates to taking someone else’s property with the intent to permanently deprive them of it, but without the use of force or threat of force that characterizes robbery. In New York, larceny is classified into degrees based on the value of the stolen property, ranging from petit larceny (Class A misdemeanor) to grand larceny in the first degree (Class B felony).

Theft

While often used interchangeably with larceny, theft is a broader term that includes various forms of unlawfully taking another’s property. This includes employee theft and identity theft. Unlike robbery, theft crimes don’t involve force or intimidation.

Burglary

Burglary is described as unlawfully entering a building with the intent to commit a crime inside. While robbery typically occurs through direct confrontation, burglary often involves stealth. Burglary charges in New York range from third degree (Class D felony) to first degree (Class B felony).

Defense Strategy for Robbery Charges

Being charged with robbery in New York requires a focused, strategic defense. Our legal team carefully examines the facts of your case to identify the strongest possible arguments on your behalf. Below are some of the key defense strategies we may pursue:

Mistaken Identity

Robbery cases often hinge on eyewitness testimony, which can be unreliable. We scrutinize the identification procedures used by law enforcement to uncover flaws such as suggestive lineups or inaccurate descriptions, raising doubts about whether you were actually involved.

Lack of Intent

To convict someone of robbery, the prosecution must prove criminal intent. If there’s evidence that you did not intend to use force or commit theft, we may argue that the incident does not meet the legal definition of robbery.

False Accusation

In some cases, individuals are wrongfully accused—sometimes due to personal bias, miscommunication, or ulterior motives. We investigate the accuser’s credibility and motivations to expose any inconsistencies in their story.

Absence of Force or Threat

Robbery requires proof that force or the threat of force was used. If the alleged conduct involved no such element, we may argue that the charge should be reduced to a lesser offense, such as larceny.

Violation of Constitutional Rights

We review every aspect of how the evidence was obtained. If law enforcement violated your rights, such as through an unlawful search or failure to advise you of your Miranda rights, we can move to suppress that evidence.

Alibi or Lack of Presence at the Scene

If you were not present at the scene when the robbery occurred, we can present alibi evidence, including witness testimony, surveillance footage, or other documentation that proves your location.

Plea Bargain or Trial

In some instances, a plea bargain may be the best course of action. This could result in a reduced charge or a lesser sentence, especially for first-time offenders. However, if a plea bargain isn’t in your best interest, we are fully prepared to take your case to trial.

Penalties for a Robbery Conviction in New York

Sentencing for robbery convictions in New York State can vary based on the degree of the crime, whether a deadly weapon or dangerous instrument was used, whether serious physical injury was caused, and the value of the property stolen. Additionally, the court will consider your prior criminal history when determining sentencing.

For first-degree robbery, a Class B felony, you could face a minimum of five years and a maximum of 25 years in state prison. Second-degree robbery, a Class C felony, carries a sentence of up to 15 years, while third-degree robbery, a Class D felony, can lead to up to seven years in prison.

In all cases, a conviction could also involve post-release supervision. As a seasoned New York City robbery lawyer, Mehdi Essmidi will fight for the most favorable outcome in your case, seeking reduced charges or even a complete dismissal whenever possible.

Contact an Experienced NYC Robbery Attorney Today

Whether you’re a first-time offender or have previous convictions, our team is prepared to guide you through the legal process after robbery charges. We explore every available avenue with your best interests in mind. Don’t let a robbery charge define your future. Reach out to our firm today to schedule a consultation with a trusted New York City robbery lawyer.

Frequently Asked Questions

How do criminal defense lawyers challenge the prosecution’s case in robbery trials?

Criminal defense lawyers examine whether the prosecution’s case can prove all elements of robbery beyond a reasonable doubt. They may challenge the force involved, question witness identification, examine the defense strategy around intent, or argue that the incident was actually theft rather than robbery. Our experienced NYC robbery lawyer, Mehdi Essmid,i aggressively defends cases by scrutinizing evidence and building a strong defense.

Can theft of a motor vehicle be charged as robbery?

Theft of a motor vehicle becomes robbery when force or threat of force is used against the victim during the theft. Simple theft involves taking property without the owner’s consent, but when physical force is applied or threatened while taking a vehicle from someone, it escalates to robbery charges. The presence of force distinguishes robbery from other theft crimes under New York law.