Robbery is the taking of the personal property from another person against that person’s will with the intent of permanently taking the property. This taking is accomplished by the use of force or the threat of force.
Merely taking of the property of another person without threats or force is insufficient. Thus if a person merely snatches an object from another person (such as a purse) he is not committing a robbery. If, however, that person uses some force or threat, no matter how slight, to get a person to part ways with the property than a robbery has been committed.
These distinctions, however slight can be the difference between freedom and imprisonment. The most important thing a person can do for themselves or their loved ones when facing robbery charges is to hire an experienced criminal defense lawyer who will fight for their rights and their freedom.
First Degree Robbery
Robbery in the first degree consists of the following
(1) Robbery of any person who is a cab driver, bus driver or any other person during the course of employment on the field of public transportation;
(2) Robbery of any passenger of any means of public transportation;
(3) A robbery that takes place inside a building where a person resides. Commonly this is known as a home invasion robbery but it can also entail many other things; or
(4) Robbery of a person while they are on an automated teller machine (ATM) or any time before or after.
Second Degree Robbery
Any other kind of robbery other than that which is listed above is considered second degree robbery.
A person convicted of first degree robbery may be punished by a state prison term of three, four, or six years. There are also enhancements for first degree robbery which is committed by more than one person and inside a person’s house.
A person convicted of second degree robbery may be sentenced to state prison for two, three, or five years. A person may also be sentenced to state prison for attempted robbery and there are also several enhancements that may apply.
There are however many sentencing options, such as probation and having a sentence suspended, which an experienced criminal defense lawyer can help a person get and many times avoid serving any time in jail or prison as a result. Only a qualified and experienced criminal defense attorney can advise you properly if you or a loved one has been charged with robbery.
Contact Sigal Law Group today for a free consultation.