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The differences in the three degrees of robbery

| Sep 11, 2020 | Theft & Property Crimes |

Robbery is a felony crime in New York and as such, it carries a stiff sentence. However, the exact charge and sentence depend on the type of robbery. 

There are three degrees possible. The highest and most severe is the first degree charge with the third degree being the lowest and least severe. 

Third degree

The New York State Senate states robbery in the third degree occurs when a person uses force to steal something. It does not include any aggravating factors, and the only criminal act is the forcible theft. It is a class D felony. 

Second degree

According to the New York State Senate, robbery in the second degree is forcible theft but includes some aggravating factors. If during the commission of the robbery or right after the incident, the person causes injury to someone else not participating in the crime, this would raise robbery from the third degree to the second degree. 

Robbery also becomes a second-degree felony is the property stolen is a motor vehicle. Second degree robbery is a class C felony. 

First degree

The New York State Senate explains a first degree robbery is a class B felony. It also requires aggravating factors, which are similar to the second degree aggravating factors. 

If injuries to other people who are not participating in the crime occur and are serious, then the crime is in the first degree instead of second degree. Furthermore, if there is any use of a deadly weapon, even just showing the weapon without threatening anyone with it, then the robbery becomes a first degree crime. 

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