NY Penal Law § 160.15: Robbery in the First Degree

If you are accused of a robbery offense, that means you have been accused of more than just stealing. To be accused of robbery means you also used force or the threat of violence to accomplish the theft. Because of the added element of force or violence, law enforcement classifies robbery as a particularly serious crime. Among the three degrees of the crime of robbery, robbery in the first degree is the most heinous.

What Constitutes Robbery in the First Degree

You will face this charge pursuant to New York Penal Code § 160.15 if you steal from someone while you are armed with a deadly weapon, you use a dangerous instrument, you cause the victim or another person to sustain a serious physical injury, or you display a gun or firearm.

Deadly Weapon Defined

New York Penal Code § 10.00(12) delineates a “deadly weapon” as any loaded weapon such as a gun, or other weapons, including but not limited to:

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Legal Scenario: What Would You Do?

Scenario

You and a friend went into a convenience store late at night, and your friend pulled out what turned out to be a fake gun and demanded money from the cashier while you grabbed items from behind the counter. You were both arrested and charged with Robbery in the First Degree under NY Penal Law § 160.15.

Can I really be charged with first-degree robbery even though the gun was fake and I never personally threatened anyone?

Attorney's Answer

Under NY Penal Law § 160.15, robbery is elevated to the first degree when a deadly weapon is displayed or what appears to be a firearm is used, regardless of whether the weapon is real or operable. The statute specifically covers situations where a defendant 'displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm,' meaning even an imitation gun satisfies this element. As an accomplice acting in concert with the person who brandished the weapon, you can be held equally liable under New York's accessorial liability laws. First-degree robbery is a Class B violent felony carrying a mandatory minimum of 5 years and up to 25 years in state prison, so building a strong defense — whether challenging the accomplice theory or negotiating the charges — is critical.

This is general information only. Contact us for advice specific to your situation.

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