Robbery Charges in New York Are Violent Felonies — Every Hour Counts

A robbery arrest in New York puts you on a path toward years in state prison unless you move fast and fight hard. I've spent more than 30 years defending clients against robbery charges across Manhattan, Brooklyn, Queens, the Bronx, and beyond — and I know exactly what prosecutors are building against you.

What Makes Robbery Different from Larceny Under New York Law

Under New York Penal Law, robbery is not simply theft. It is a forcible taking — meaning the prosecution must prove that you used or threatened physical force against another person in order to steal property. That distinction matters enormously for how a case is charged, what evidence the DA will rely on, and which defenses are available.

 

Larceny is a taking without force. The moment the prosecution alleges that force or intimidation was involved, the charge escalates to robbery — and with it, the sentencing exposure. Even a threat, without any physical contact, is enough under New York law to support a robbery charge. If you have been charged with robbery, you are not facing a theft case. You are facing a violent felony.

The Three Degrees of Robbery in New York — and What Each Carries

New York Penal Law structures robbery into three degrees, each with different elements and sentencing ranges. Understanding where your charge falls determines everything about the defense strategy.

 

  • Robbery in the Third Degree (PL 160.05): Forcible stealing of property. A Class D felony carrying up to 7 years in state prison.
  • Robbery in the Second Degree (PL 160.10): Forcible stealing where the defendant was aided by another person, caused physical injury, displayed what appeared to be a firearm, or stole a motor vehicle. A Class C violent felony carrying up to 15 years.
  • Robbery in the First Degree (PL 160.15): Forcible stealing where the defendant was armed with a deadly weapon, caused serious physical injury, used or threatened to use a dangerous instrument, or displayed a firearm. A Class B violent felony carrying up to 25 years in state prison.

 

First-degree robbery is among the most aggressively prosecuted charges in New York. A conviction carries a mandatory minimum sentence. If you are facing a Class B violent felony under Penal Law 160.15, you need a trial attorney — not a negotiator who will steer you toward a plea before your options have been fully explored.

How I Defend Robbery Cases in New York

Robbery prosecutions often rest on eyewitness identification, surveillance footage, co-defendant cooperation agreements, and physical evidence. Each of those categories has well-established vulnerabilities, and I know how to find them.

 

My defense approach depends entirely on the facts of your case, but the areas I examine from the start include:

 

  • Identification reliability: Eyewitness misidentification is one of the leading causes of wrongful conviction in violent felony cases. I scrutinize lineup procedures, viewing conditions, and witness statements for inconsistencies.
  • The force element: If the prosecution cannot establish that force or intimidation occurred, the charge cannot hold as robbery. I analyze exactly what the evidence shows about the alleged taking.
  • Weapon allegations: In armed robbery cases, whether an actual firearm was present — versus a replica or an object that appeared to be one — affects both the charge and the available defenses.
  • Surveillance and digital evidence: Footage is frequently misread or taken out of context. I retain investigators and review all video evidence independently.
  • Co-defendant and informant credibility: When the prosecution's case depends on a cooperating witness, I challenge their motive, their deal, and every inconsistency in their account.

 

I have tried robbery cases in front of New York juries and secured acquittals on serious charges. When the evidence warrants it, I go to trial.

Why Arraignment Is the First Critical Moment in Your Defense

If you or someone you know has just been arrested on a robbery charge, the arraignment is the first court appearance — and it is not a formality. This is where bail is set, where the initial charges are entered, and where the tone of your case begins to take shape.

 

I appear at arraignments and fight for the best possible bail outcome from the start. A client who is detained pre-trial faces enormous pressure to accept a plea deal, often before the full picture of the case has been developed. Securing release — or minimizing bail — is not a secondary concern. It is a defense priority.

Serving Robbery Defense Clients Across New York City and Beyond

  • What is the difference between robbery and larceny in New York?
    Larceny is taking property without the use of force or threats. Robbery requires that force or intimidation was used against another person during the taking. That distinction elevates the offense to a violent felony under New York law, which carries significantly higher sentencing exposure and mandatory minimums at the higher degrees.
  • What does "robbery in the first degree" mean under New York law?
    Robbery in the first degree under Penal Law 160.15 is a Class B violent felony — the most serious robbery charge in New York. It applies when the defendant is alleged to have been armed with a deadly weapon, caused serious physical injury, or displayed a firearm during the taking. A conviction carries a mandatory minimum prison sentence and up to 25 years.
  • Can a robbery charge be reduced or dismissed?
    Yes — depending on the evidence. If the prosecution cannot establish the force element, if identification is weak, or if constitutional violations occurred during the arrest or investigation, the charge can be challenged, reduced, or dismissed. Every case is different, and the right outcome depends on a thorough analysis of the specific facts and evidence against you.
  • Do I need a lawyer before my arraignment?
    Yes. The arraignment is not a procedural formality — it is the first opportunity to fight for your release and to begin shaping the defense. Bail decisions made at arraignment affect everything that follows. Having counsel present from the start puts you in a far stronger position than waiting until after you have already been processed and held.

Charged with Robbery in New York? Call Me Directly.

Robbery is a violent felony. The prosecution will not wait, and neither should you. When you call my office, you speak with me — not a paralegal, not a junior associate. I will tell you exactly where you stand, what the charges mean, and what I can do to fight them. Payment plans are available through LawPay.

 

I represent clients facing robbery charges in every borough of New York City and in courts throughout the surrounding region. Whether your case is in Manhattan Supreme Court, Brooklyn Criminal Court, or a county court in Nassau or Suffolk, I know the courthouses, the judges, and the prosecutors involved.

 

My representation extends to clients in Queens, the Bronx, and Staten Island, as well as Westchester County and Long Island. If your case has been charged in federal court — for example, under a Hobbs Act robbery theory — I handle federal defense in the Eastern District and Southern District of New York as well.