What is a Robbery Under NYC Penal Law?

Robbery is theft with force — and in New York, that distinction pushes the offense squarely into violent felony territory, regardless of the value of the property taken. Even if no actual physical harm occurs, the mere threat of force or the display of a weapon during a theft elevates the charge to robbery, with severe mandatory consequences.

Robbery in the third degree (PL §160.05) is a Class D violent felony — the base robbery charge, involving forcible stealing without aggravating factors. A first-time conviction can result in a prison sentence ranging from 2.5 to 7 years.

Robbery in the second degree (PL §160.10) is a Class C violent felony that applies when the defendant is assisted by another person, causes physical injury to a non-participant, uses or threatens the use of a dangerous instrument, or displays what appears to be a firearm. Sentences range from 3.5 to 15 years.

Robbery in the first degree (PL §160.15) is the most serious classification — a Class B violent felony — and applies when the defendant is armed with a deadly weapon, causes serious physical injury, uses a dangerous instrument, or displays a loaded firearm. A first-time conviction carries 5 to 25 years in state prison; repeat offenders face substantially longer sentences.

Why Should I Hire a NYC Robbery Lawyer?

A robbery charge in New York is a violent felony, and violent felonies carry mandatory prison sentences with no exceptions for first-time offenders. The quality of your legal representation is not a detail — it is the determining factor.

Robbery cases often hinge on identification. We examine photo arrays, lineup procedures, surveillance footage, and the circumstances under which any witness made their identification — factors that New York courts have recognized as susceptible to error and suggestiveness. We also investigate whether the use of force was genuinely attributable to the defendant, whether alibi evidence exists, and whether any physical evidence was obtained in violation of the defendant’s constitutional rights.

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