In New York, robbery involves the taking of property from another with the use of force. New York State provides different levels of robbery depending on whether a weapon was involved or whether someone was injured in the commission of the crime. All robbery charges are classified as felonies.

 

Robbery is forcible stealing. A person forcibly steals property and commits robbery when, in the course of committing a larceny, he uses or threatens the immediate use of physical force upon another person for the purpose of:

1. Preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking; or

2. Compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the larceny.

 

Section 160.05 of the New York Penal Code 
 

A person is guilty of robbery in the third degree when he forcibly steals property. Robbery in the third degree is a class D felony.

 

Section 160.10 of the New York Penal Code
 

A person is guilty of robbery in the second degree when he forcibly steals property and when:

1. He is aided by another person actually present; or

2. In the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime: (a) Causes physical injury to any person who is not a participant in the crime; or (b) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or

3. The property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law.

Robbery in the second degree is a class C felony. 

 

Section 160.15 of the New York Penal Code 

 

A person is guilty of robbery in the first degree when he forcibly steals property and when, in the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime:

1. Causes serious physical injury to any person who is not a participant in the crime; or

2. Is armed with a deadly weapon; or

3. Uses or threatens the immediate use of a dangerous instrument; or

4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged. Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, robbery in the second degree, robbery in the third degree or any other crime.

Robbery in the first degree is a class B felony. 

 

The sentencing guidelines for robbery vary depending on the degree of robbery a defendant has been convicted of, and whether the defendant is classified as a prior felony offender. Inasmuch as all robbery convictions are felony convictions, a conviction for robbery can carry a sentence of incarceration in excess 1 year, plus fines and surcharges. At times, the court may also impose a sentence of 5 years probation or a split sentence of up to 6 months incarceration and 5 years probation plus fines and surcharges.