Theft, Robbery & Larceny

Focused Defense Against Robbery Charges

State Robbery and Larceny Charges

Felony robbery, grand larceny, and petit larceny are all frequently charged on the state level. Robbery comes in various different forms, and is codified by New York Penal Law § 160. Robbery in the third degree, a Class “D” felony, requires that a defendant use force or a threat of force to steal property. Robbery in the second degree, a Class “C” felony requires that a defendant is accompanied by another co-defendant or causes physical injury while carrying out a robbery. Lastly, robbery in the first degree, a Class “B” felony, requires that a defendant displays a firearm, is armed with a deadly weapon, or causes serious physical injury while carrying out the act.

On the other hand, state larceny charges, codified by New York Penal Law § 155, zero in on the value of money or property taken from another, as opposed to what if any force was used. To that end:

• Grand larceny in the fourth degree: a Class “E” felony, requiring that the money or property unlawfully taken be in excess of $1,000. Further, theft of a car, a credit or debit card, or a general theft of property directly from the body of a person may also lead to grand larceny in the fourth-degree charge.
• Grand larceny in the third degree: a Class “D” felony, involves property valued at over $3,000 or theft involving an automated teller machine.
• Grand larceny in the second degree: a Class “C” felony, involves property valued at over $50,000 or theft by extortion specifically involving the threat of physical injury, property damage, or abuse of position by a public servant.
• Petit larceny: a Class “A” misdemeanor, is theft of property valued at less than $1,000 and not included in the definition of grand larceny. Shoplifting or theft by a retail store employee is commonly charged as petit larceny.

Federal Hobbs Act Robbery

On the federal level, Hobbs Act Robbery, pursuant to 18 U.S. Code § 1951, prohibits robbery or extortion, or attempted robbery or extortion that affects interstate or foreign commerce. Hence, where a robbery or larceny pertains to money that has been transported across state lines or is related to interstate commerce (i.e., racetracks and casinos), there is a very realistic possibility that the FBI will become involved and the case will be prosecuted federally.

Your Defense Begins Now

If you are accused of committing a state level robbery or larceny, or a federal level Hobbs Act robbery, it is imperative that you hire a former prosecutor and seasoned criminal defense attorney who has dealt with these offenses on both sides of the courtroom. The penalties for these crimes are serious, calling for long prison sentences and hefty fines. The steps your defense attorney takes, by way of investigation and creative advocacy, will increase your chances of successfully walking away from these serious accusations and shape the rest of your life.

The sooner you put your case in the hands of an experienced criminal defense lawyer, the more opportunity you will have to work toward a favorable outcome.