Robbery Charges Should Never Be Taken Lightly
Robbery is one of the most common felony charges that we see in Islip’s criminal courts. However, despite the amount of people charged with this crime, folks often do not understand the state’s robbery laws and how charges can change depending upon whether a weapon was used, or how many people were involved in the commission of the crime. Regardless of the circumstances, a person charged with robbery faces over a year in upstate prison if convicted.
Fortunately, contacting an Islip robbery lawyer can help clients understand the charges they face, develop defense strategies based on their specific circumstances, and help them by fighting for them in court. Skilled criminal defense attorney Mike Schillinger works with his clients to meet their goals and fight back against these charges every step of the way.
What is a Robbery Charge in Islip?
According to New York Penal Law §160.00, robbery involves taking property from another person by force. Most people know that it’s illegal to take property from another person without permission. However, many people don’t realize that depending upon the severity of their conduct, a robbery charge can be classified into three different levels, each with its own definition and potential penalties after conviction. An experienced criminal defense lawyer will explain how state law defines these types of theft and what you may be facing based upon the current charges against you.
How The Penal Law Separates Robbery Charges
Under the New York State Penal Code, Robbery comes in three different varieties – a class D felony, C felony and B felony, each carrying its own specific sentencing guidelines. These include:
- Robbery in the third degree N.Y. Pen. Law §160.05. This form of theft is the least severe robbery charge in New York and involves a forcible taking of property without any aggravating factors. Even though it’s the least severe robbery charge, it’s still a class D felony, and carries the potential of a mandatory prison sentence. An example of a robbery in the third degree is, a person stating to another, “Give me all of your money.”
- Under N.Y. Pen. Law §160.10, robbery in the second degree involves the forcible taking of property coupled with certain aggravating factors. Some of these include having the help of another individual, causing bodily injury to any non-participant in the crime, or displaying a weapon. Additionally, forcibly stealing a motor vehicle can also be considered a robbery in the second degree. Robbery in the second degree is a class C violent felony and carries mandatory jail time even for a first-time offender. In fact, a first-time offender convicted of robbery in the second degree will be looking at a mandatory prison sentence of a minimum of 3.5 years incarceration and a maximum of 15 years incarceration, followed by post release supervision.
- The most severe robberies are classified as robbery in the first degree, per N.Y. Pen. Law §160.15. This charge includes situations where someone forcibly takes the property of another person and causes serious physical injury to someone who did not participate in the crime. Another variation of this charge also includes allegations that the person was armed with a deadly weapon during the commission of the crime, used or threatened to use a dangerous instrument, or displayed a loaded firearm during the commission of the crime. Robbery in the first degree is a class B violent felony, and carries serious prison time for someone convicted, even if it’s a first offense. A first-time offender convicted of Robbery in the first degree is looking at a minimum of 5 years incarceration, and a maximum of 25 years incarceration.
Additionally, the penalties associated with these crimes can severely impact a person’s reputation and ability to obtain stable employment. Therefore, it is critical to get in touch with a dedicated lawyer in Islip when facing robbery accusations.
What is a Felony?
A felony is any crime where a conviction can result in more than a one-year prison sentence. In addition, for any violent class B felony, alleged defendants face a mandatory minimum penalty of five years in prison. The maximum sentence in these cases can rise to as many as 25 years.
For this reason, citizens facing robbery charges must take the accusations seriously and take the necessary steps to protect their rights. Mike Schillinger is a lawyer in Islip with experience in a variety of different types of robbery cases. He can help you review the evidence, build a defense, and present strong arguments in court to raise doubt in the juror’s minds.
Contact an Islip Robbery Attorney Now to Protect Your Freedom
Facing robbery charges can be scary and overwhelming. You may not understand why you are being charged with a felony-level crime for what seemed like a minor dispute. An Islip robbery lawyer can help you clear up this confusion and plan a thorough defense to contest the charges against you.
If you want someone who will fight for you both at the negotiation table and in the courtroom, Mike Schillinger will fight to protect your rights, and ensure you get a solid defense. Contact our office today to schedule a consultation with a member of our team to ensure that you have someone in your corner who will fight hard for you.