Although the district attorney would usually choose to prosecute for first-degree robbery if force were used, the conviction for second-degree robbery should stand if the evidence indicates the use of force.
Moreover, the fear which establishes second-degree robbery is not limited to fear of immediate injury, as is the case with robbery in the first degree. Any definition of fear as given by section is sufficient to support a conviction for robbery in the second degree. Second-degree robbery is, therefore, a lesser included offense of first-degree robbery.
Any person guilty of robbery in the second degree shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a maximum of ten 10 years. Conjoint Robbery. Taking without Knowledge Not Robbery. Robbery Force or Fear Requirement. Robbery Element of Fear. Robbery Property Value Immaterial.
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Shooting with Intent to Kill. Drug Crimes. Possession with Intent to Distribute. Under the laws in New York, the term "robbery" is defined as "forcible stealing property. Back to Top.
Robbery in the third degree under New York Penal Law Under New York law, a person can be charged with Robbery in the Third 3rd Degree when that person forcibly steals property.
Robbery in the second degree can be divided into four different types of robbery: Robbery aided by another under New York Penal Law Robbery with physical injury under New York Penal Law Under the laws of the State of New York, a person can be accused of Robbery in the Second Degree when that person forcibly steals property and when in the course of the commission of the crime [or of immediate flight therefrom], that person [or another participant in the crime] causes physical injury to any person who is not a participant in the crime.
Under New York's statutory scheme for robbery, the term "physical injury" is defined broadly to mean impairment of physical condition or substantial pain. Chiddick, 8 NY3d Robbery which displays weapon under New York Penal Law Under the laws of New York, a person can be charged with Robbery in the Second 2nd Degree when that person forcibly steals property and when in the course of the commission of the crime [or of immediate flight therefrom], that person [or another participant in the crime] displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.
What the prosecutor is required to prove is that the person consciously displayed, or manifested the presence of, something that could reasonably be perceived as a pistol, revolver, rifle, shotgun, machine gun or other firearm and that the person to whom the item was displayed or manifested, perceived it as a pistol, revolver, rifle, shotgun, machine gun or other firearm.
Robbery of a motor vehicle under New York Penal Law Under the laws of the State of New York, a person can be charged with Robbery in the Second Degree when it is alleged that he or she forcibly steals property and when the property consists of a motor vehicle. For purposes of the robbery statute, the term "motor vehicle" means any vehicle operated or driven upon a public highway which is propelled by any power other than muscular power.
We will also defend you against the prosecution, looking for any mistakes in the case against you to try to get your charges dropped or lowered to a class B felony if possible. The average first-degree robbery sentence in Washington State is 31 to 41 months in prison for those who have had no previous criminal infractions. What can increase your prison time? The weapon is one element. The prosecution will examine your weapon in detail. Even if you hurt someone with your weapon by accident, it may still be a first-degree robbery sentence in most cases.
In Washington State, saying you have a weapon during the robbery is not enough to receive the first-degree robbery charge. You must exhibit the weapon during the robbery, or it must look to be present somehow.
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