Westchester County Armed Robbery Lawyer
NEW YORK PENAL LAW 160.05, 160.10, & 160.15
Armed robbery in New York is the crime of taking or attempting to take something valuable by force or threat with the use of a weapon. When someone carries a dangerous weapon during a thievery incident — whether is it used or not — law enforcement assumes the suspect intended to use it. It’s important to note that New York does not distinguish between the actual use of force and the perceived use of force. If someone threatens a victim with a gun or knife in order to take the victim’s wallet, this would be treated as armed robbery, even though no force was actually used.
Due to the risk of harm, armed robbery is punished harshly in New York, including the use of a toy weapon or pretending to have a weapon when you don’t. Armed thievery is a felony, and if you’re charged with the crime, you will very much need the legal advice and representation that an experienced Westchester County armed robbery attorney can provide.
WE TELL YOUR STORY
If you are found guilty of armed robbery in New York, depending on the circumstances of the crime, you could face up to 25 years in prison. Although no promise can ever be made regarding the result of any criminal case, at Kimberly Pelesz New York Law, LLC, we will fight aggressively on your behalf to have an armed robbery charge reduced or dismissed, and if those options are unavailable, we will tell your story to a jury and bring your case to its best possible resolution. Although New York recognizes three degrees of robbery, all three are felonies:
- Robbery in the third degree; Penal Law 160.05 (Class D felony)
- Robbery in the second degree; Penal Law 160.10 (Class C felony)
- Robbery in the first degree; Penal Law 160.15 (Class B felony)
Third degree robbery occurs when an individual uses force or an offensive weapon to take someone else’s property. In New York, third degree robbery is considered a class D felony and can result in as many as seven years of jail time. New York is very specific on separating the types of thievery charges.
Second degree robbery occurs when there was an accomplice present during the robbery, if injury is caused to an individual who was not involved in the crime, or if a deadly weapon is used while committing the crime. The crime counts as a strike under the state’s three strikes law. In New York, the penalty may include up to fifteen years of jail time.
First degree robbery occurs when the victim or someone else sustains a serious injury or if the perpetrator is armed with a deadly weapon and threatens to use it against the victim. In New York, this is a class B felony and carries a maximum sentence of twenty five years in prison. For this crime, life in prison could be the penalty.
Any degree of armed robbery charges is going to require aggressive legal representation. Contact Peresz Law Firm if you have been charged with armed robbery in any degree in NY. The Law Office of Kimberly A. Pelesz will fight aggressively on your behalf to have an armed robbery charge reduced or dismissed. Call (914) 214-9335.
IF YOU’RE ACCUSED
If the police are investigating you because they believe you have committed an armed robbery, contact an experienced Westchester County attorney as soon as possible. The police may obtain a search warrant to search your property if they believe that you are a suspect and hiding something from them.
Whether law enforcement officers have a warrant or not, it’s important that you behave the same. Remain calm and do not get into an argument with police officers. Cooperate with police officers and don’t try to talk your way out of being charged. In fact, it is essential that you remain silent when being investigated by law enforcement officers. It is human instinct to talk and try to justify your actions or prove your innocence, but this is not advised when you are under investigation. Call an attorney immediately and do not answer any questions. What you say can and will be used against you, so stay quiet until you have an attorney on your side that can guide you through the legal process.
ARMED ROBBERY DEFENSES
If you are convicted of armed robbery in New York, you face penalties that could follow you around for the rest of your life. That’s why it’s important that you work with an experienced criminal defense attorney to fight your charges and achieve the best possible outcome for your case, particularly if you proceed to trial.
An attorney will be able to thoroughly review the details of your case to develop a defense strategy that can be used in court. Although the defense strategy that your attorney uses will depend heavily on the details of your alleged crime, there are a few strategies that are commonly used. You could have been misidentified by a witness to the crime or the victim of the crime. The whole incident could have been a huge misunderstanding, and maybe an armed robbery did not occur at all. Perhaps the victim is someone that you know who has falsely accused you of this serious criminal violation. These are all real possibilities that will be explored when you work with an experienced Westchester County armed robbery lawyer.
WE UNDERSTAND WHAT’S AT STAKE
If you’re charged with robbery, let an experienced Westchester County armed robbery attorney build a convincing defense on your behalf. At Kimberly Pelesz New York Law, LLC, we understand that your future, and possibly your family and career, are on the line. If you’re facing any robbery charge in or near Westchester County, now or in the future, let an experienced Westchester County criminal defense attorney represent you and oversee your defense.
With offices in Peekskill and Poughkeepsie, Kimberly Pelesz New York Law, LLC serves clients in Beacon, Fishkill, Wappingers Falls, Newburgh, Tarrytown, Greenburgh, Westchester County, Dutchess County, Putnam County, Orange County, and Rockland County. Every minute counts. If you or someone you love is accused of robbery or has been arrested on this charge, call our law firm at (914) 402-4541 or email us today to get a free consultation.