Introduction

As one of the premier criminal defense law firms in the country, Spodek Law Group has extensive experience defending clients accused of all types of robbery charges. If you're on our website, it's likely because you or a loved one is facing serious allegations and you need the best legal representation possible.When it comes to robbery offenses, there are some key differences between commercial robbery and residential robbery that can have a significant impact on the case. Our skilled attorneys understand the nuances of these charges and know how to build a strong defense strategy tailored to your unique situation. In this article, we'll break down what sets commercial and residential robbery apart.

Defining Commercial Robbery

Under the law, commercial robbery refers to the theft of money or property from a business, while using force, threats, or intimidation. This could include robbing a store, a bank, a gas station, or any other commercial establishment. The key element is that the crime targets a business rather than a private residence.Some common examples of commercial robbery include:

• A masked gunman holding up a convenience store and demanding cash from the register
• A group of thieves storming a jewelry store, smashing display cases, and stealing merchandise
• A robber threatening a bank teller with a note claiming to have a bomb and demanding money

In commercial robbery cases, the victims are typically the employees who are present at the time of the offense, though customers may also be victimized if they are there when the crime occurs. Because businesses often have more cash on hand and higher-value items than the average home, the potential losses in a commercial robbery can be substantial.

Understanding Residential Robbery

In contrast to commercial robbery, residential robbery involves stealing from a private home while using force or threats against the occupants. Also known as home invasion robbery, this offense is generally seen as more serious than commercial robbery because it violates the sanctity and security of someone's residence.Residential robbery may involve situations such as:

• Armed intruders breaking into a house and holding the residents at gunpoint while ransacking the property
• A group of robbers forcing their way into an apartment and physically assaulting the occupants before stealing valuables
• A burglar threatening a homeowner with a knife after being discovered during a break-in

With residential robbery, the trauma inflicted on victims can be especially severe since the crime occurs in what should be a safe haven. The loss of personal property and sentimental items can also be devastating. Additionally, there is a greater risk of physical violence in a home invasion scenario compared to many commercial robberies.

Comparing the Penalties

Given the inherent differences between commercial and residential robbery, it's not surprising that the potential penalties can also vary significantly. In most jurisdictions, residential robbery is treated as a more serious offense and carries stiffer consequences than robbing a business.For example, in New York, robbery is divided into three degrees based on severity:

• Third-degree robbery (e.g. forcibly stealing property) is a Class D felony punishable by up to 7 years in prison.
• Second-degree robbery (e.g. displaying a weapon or causing injury) is a Class C felony punishable by up to 15 years in prison.
• First-degree robbery (e.g. using or threatening the use of a dangerous weapon) is a Class B felony punishable by up to 25 years in prison.

While these charges can apply to both commercial and residential robbery, home invasion is often charged as first-degree robbery due to the higher likelihood of weapons and violence being involved. Commercial robberies, on the other hand, may be more likely to be prosecuted as second- or third-degree offenses in some cases.Of course, the specific facts of the case will ultimately determine the charges and potential sentences. Factors like the defendant's criminal history, the extent of victim injury, the value of the stolen property, and the use of weapons can all influence how a robbery is treated under the law. That's why it's crucial to have an experienced criminal defense attorney on your side.

Unique Defenses and Strategies

Another key difference between commercial and residential robbery cases is the types of legal defenses and strategies that may be available. While some defenses can apply in either scenario, others are more specific to the type of robbery alleged.For instance, in a commercial robbery case, potential defenses could include:

• Mistaken identity (e.g. the defendant was misidentified as the perpetrator)
• Lack of evidence (e.g. insufficient proof that the defendant committed the crime)
• Entrapment (e.g. the defendant was induced by law enforcement to commit the robbery)
• Intoxication (e.g. the defendant was too impaired to form the intent to commit robbery)

In a residential robbery case, some possible defenses might be:

• Actual innocence (e.g. the defendant did not participate in the home invasion)
• Duress (e.g. the defendant was forced by others to take part in the crime under threat)
• Insanity (e.g. the defendant was legally insane at the time of the offense)
• Self-defense (e.g. the defendant used force against a resident only to protect themselves)

An experienced criminal defense lawyer will know how to assess the strengths and weaknesses of the prosecution's case and identify the most viable defenses based on the unique facts involved. At Spodek Law Group, our attorneys have successfully handled countless robbery cases and know how to position our clients for the best possible outcome.

The Importance of Experienced Representation

Regardless of whether you're facing commercial robbery or residential robbery charges, the importance of having skilled legal counsel cannot be overstated. A conviction for either offense can result in a lengthy prison sentence, steep fines, and a permanent criminal record that follows you for life. Your freedom and future are on the line.At Spodek Law Group, we understand what's at stake and we fight tenaciously to protect our clients' rights and interests. Our battle-tested trial lawyers have gone up against the toughest prosecutors and won cases that others deemed unwinnable. We leave no stones unturned in building the strongest defense.Some of the ways our top-notch attorneys can make a difference in your robbery case include:

• Conducting a thorough independent investigation to uncover evidence in your favor
• Carefully analyzing the prosecution's case to identify holes and weaknesses
• Filing motions to suppress illegally obtained evidence or dismiss improper charges
• Negotiating with prosecutors for reduced charges or alternative sentencing where appropriate
• Mounting a powerful defense at trial if necessary to fight for an acquittal

With our extensive experience and aggressive approach, Spodek Law Group is well-equipped to handle any robbery case, no matter how complex. We understand the nuances of commercial and residential robbery offenses and know how to tailor our strategy to the unique aspects of your case.

Conclusion

Commercial robbery and residential robbery may share some similarities, but there are important differences between these offenses that can impact everything from the charges and penalties to the available defenses and case outcomes. If you've been accused of any type of robbery, it's essential to consult with a knowledgeable criminal defense attorney as soon as possible.At Spodek Law Group, our nationally-recognized lawyers have the skills, experience, and dedication to provide the highest quality representation in your robbery case. We understand that facing criminal charges can be frightening and overwhelming, but you don't have to go through this difficult time alone. Our team is here to guide you every step of the way and fight for your rights.