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Here's what you should know about robbery and burglary

If you or a loved one is facing robbery charges in New York, there are many things you should know. Some of the information you should arm yourself with is the definitions of the types of crimes you are facing and understand whether it is a felony or misdemeanor

Robbery Information

New York State laws classify robbery as a felony. There are three classifications of robbery and they are:

  1. Robbery in the third degree, a class D felony;
  2. Robbery in the second degree, a class C felony; and
  3. Robbery in the first degree, a class B felony

In general, New York State defines robbery as forcible stealing. A criminal forcibly steals if he or she use or threatens to use immediately physical force upon a victim for the reasons of:

  1. Preventing or eliminating resistance to the wrongful taking of another's property or if already taken, preventing or eliminating the threat to the robber of property belonging to others that are in his or her possession from being retrieved.
  2. Compelling the property owner or another person to deliver up the property or to participate in acts that help in the commission of the robbery.

Burglary

Also, New York State has three levels of burglary, all of which are felonies. The rankings for burglary closely follow those for robbery.

  1. Burglary in the third degree is a class D felony;
  2. Burglary in the second degree is a Class C felony; and
  3. Burglary in the first degree is a class B felony.

Burglary Defined

In New York State burglary is defined as the entering of a building or dwelling without authorization and with the intent to commit a crime.

New York State Youthful Offender Program

The state has a youthful offender program that men and women under age 19 are always available for youths involved in a misdemeanor case. But, it is up to the judge to decide if an eligible defendant is convicted of a felony. A defendant must have been 19 or younger when the crime was committed to become a Youthful Offender.

There are two great benefits of the Youthful Offender Program, they are:

  1. If a defendant is granted Youthful Offender status can tell people that she or he has never been convicted of a crime and a records search will not find the conviction recorded. It's as if the person was never convicted.
  2. People over the age of 19 are subject to minimum sentencing guidelines, but, youthful offenders are not.

Sentencing for a Robbery Conviction

If not a youthful offender, defendants are subject to the minimum sentencing guidelines in New York State.

Robbery in the Third Degree

Even though the threat of force was present when the robbery was committed, it is only a D felony. D felonies do not have a minimum sentencing guideline but generally convicted felons of a D felony are sentenced to a maximum is 2 1/3 to 7 years in state prison.

Robbery in the Second Degree

Defendants convicted of this C class felony can look forward to a minimum of at least 3 1/2 years in state prison.

Robbery in the First Degree

This is the most serious form of robbery and is a B class felony. The minimum punishment if convicted is at least five years in state prison.

With minimum sentencing guideline if convicted you or your loved one will go to prison and will serve the full five years before becoming eligible for parole if the sentence is longer than five years. To ensure your rights are protected, talk with an experienced criminal defense attorney about your case.

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Robert D. DiDio
& Associates

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Kew Gardens, NY 11415

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