In New York, violent crimes are among the most egregious offenses that an individual can commit, resulting in overwhelming monetary fines, years of imprisonment, and the permanent burdens associated with a criminal record. It’s crucial to understand that robbery is one of the several theft crimes one can commit in New York involving force. However, armed robbery consists of the use of a deadly weapon. Armed robbery is classified as a violent crime due to its nature and the potential to traumatize its victims, both physically and psychologically, permanently. If you’re facing criminal charges, it’s in your best interest to enlist the help of a qualified Rockland County Violent Crimes Attorney who can effectively represent your interests and fight to protect your future. Please continue reading to learn the best defenses against armed robbery charges in New York.
What is Armed Robbery?
Under New York law, armed robbery occurs when someone takes property from another person’s property through force or threat of violence while armed with a deadly weapon. A deadly weapon can be a knife, gun, or any other dangerous instrument that can be used to inflict harm. For the prosecution to escalate the crime of robbery to armed robbery, they must prove that you took the property of another by using or threatening violence and that you armed yourself with a deadly weapon, and during the theft, while feeling from the scene, your or another person involved in the robbery caused a severe physical injury to a non-participant. Armed robbery falls under robbery in the first degree, which is punishable by up to 25 years in prison as it’s classified as a Class B violent felony.
How Can I Defend Against Robbery Charges in New York?
Firstly, it’s crucial to understand that in criminal law, the prosecution is burdened with proving that a defendant committed the crime they arre accused of beyond a reasonable doubt. One of the most effective ways to prevent a robbery conviction is by retaining the legal services of an experienced attorney who can help attack the prosecution’s evidence and essentially undermine their case.
Those facing robbery charges have several avenues of defense. In some cases, defendants may assert an entrapment defense if they can show that a law enforcement officer induced them to commit the crime. In addition, a defendant may be able to raise a duress defense if they can show that someone compelled or induced them to commit the crime. The inducement, however, must have been the result of the use of force or threat of force, such as severe bodily injury or death. Nevertheless, the main element of an armed robbery charge is the use of a deadly weapon. A valid defense could be the lack of a deadly weapon.
If you’re facing robbery charges, you may be wondering what your next steps should be, as armed robbery is a severe offense that can result in significant monetary fines, prison time, and a criminal record that will negatively impact your life for years to come. At The Law Office of Carl Spector, we understand the stakes. Please don’t hesitate to contact our legal team today, as we will work tirelessly to protect your rights and freedom.
