Armed Robbery Attorney
Armed Robbery and Grand Larceny
Robbery is considered a felony crime in New York State and as such carries harsh penalties. If you are found guilty of Robbery, you could face up to 25 years in prison depending upon the nature and severity of your crime and the charges against you.
Troy A. Smith brings over 21 years of highly competent and qualified litigation and appellate experience to the table. As a former New York City homicide prosecutor and a Criminal Defense Counsel for the United States Army. Mr. Smith has also performed as lead counsel on over one hundred trials on the criminal charges of murder, manslaughter, vehicular homicides, armed robbery, aggravated assault, aggravated sexual offenses, and others.
According to the New York State Penal Code Article 160 Robbery is distinguished from Larceny by the addition of the element of force. The definition of Robbery states:
Robbery is forcible stealing. A person forcibly steals property and commits robbery when, in the course of committing a larceny, he uses or threatens the immediate use of physical force upon another person for the purpose of:
- Preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking; or
- Compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the larceny.
If you are found guilty of Robbery, your sentence will depend upon several factors including the degree of the crime, whether and what type of weapon was used, whether the victim was injured, how much was taken, and whether you have any prior convictions of any kind.
At every point in a Robbery investigation is it imperative that you have an experienced criminal defense attorney by your side to help you navigate the legal system and provide you with the best possible legal support during the process. Mr. Smith has the benefit of having worked on both sides of the legal system, first as a prosecutor, and now as a criminal defense attorney.
The Degrees of Robbery can be described as follows:
Robbery in the 3rd Degree
Robbery in the 3rd Degree is the least severe of this felony class and occurs when someone uses force to steal the property of another. This is a D-Class Felony with a sentence of up to seven years in prison if convicted.
Robbery in the 2nd Degree
Robbery in the 2nd Degree is the mid-degree offense in this felony class and occurs in situations when someone uses force to steal the property of another and he or she is assisted by another person that is present. This is a Class C Violent Felony with a minimum of 3 ½ years in prison and a maximum sentence of fifteen years in prison if convicted.
Robbery in the 1st Degree
Robbery in the 1st Degree is the highest degree offense in this felony class and involves forcibly stealing the property of another while either seriously injuring a victim who is not participating in the crime or displays what appears to be a firearm or uses or threatens the immediate use of a dangerous instrument. This crime is a Class B Violent Felony with a minimum sentence of 5 years in prison and a maximum sentence of twenty-five years if convicted.
Mr. Smith is a subject matter expert in litigating the coercive interrogation techniques used by law enforcement which may lead to a false confession. The insight he has gained into the criminal justice system will prove invaluable to you as a defendant within that system.
If you are being questioned or have been charged in connection with a felony crime of any kind in New York, do not say a word to anyone until you contact Troy A. Smith at (914) 358-1433, by email at Troy@NYLawSmith.com, or use the contact form HERE.