NYC Robbery Lawyer
Experienced Robbery Lawyer in New York City
Crimes that are considered violent offenses are, understandably, punished more severely when proven than almost any others in New York City. Anyone who is arrested and charged with a forcible theft of property in NYC should be sure to immediately speak with an NYC robbery lawyer who has extensive experience fighting these types of cases — and getting results for his or her clients. NYC Robbery Defense Lawyer Fred Sosinsky has battled in court for hundreds of clients charged with robbery over his more than 30 years and has consistently succeeded in gaining favorable outcomes in these cases. Fred will thoroughly investigate the allegations, gather all evidence casting doubt upon guilt and prepare for a victorious legal fight to clear your good name. Whether the defense involves a misidentification of the accused or an alibi, that the accused was present but not involved in a crime, that there was no robbery to begin with but rather a different scenario entirely, or that no use or threat of force was employed by the accused, Fred Sosinsky knows exactly how to prevail in robbery cases. And in those cases for which a trial appears unwise, Fred will do for you what he has done for scores of others: negotiate the best deal possible.
What is Robbery?
Robbery is defined under the law as forcibly stealing property from another person through the use or threatened use of physical force against them. What may start out as a non-violent theft of property or an attempt to do so may often turn into a robbery when the suspect uses or threatens to use force to retain the property stolen. A person who nonviolently tries to steal merchandise from a retailer but when confronted uses physical force to prevent a security officer from recovering the property may be charged with a robbery. The same would be the case if a “pickpocket” is confronted by his victim and uses force to retain the victim’s property. Although not the same type of crime, similar acts of theft can sometimes be upgraded to grand larceny or petit larceny without a dedicated NYC robbery lawyer who understands how to handle and mitigate these types of cases.
Robbery in the Third Degree
Robbery in the Third Degree is a Class D felony punishable by up to seven years in state prison. A person may be charged with Robbery in the Third Degree in New York when he or she forcibly steals property from another.
Robbery in the Second Degree
Robbery in the Second Degree is a Class C violent felony punishable by up to fifteen years in state prison and a mandatory minimum sentence of three and one-half years in prison. A person may be charged with Robbery in the Second Degree in New York when he or she forcibly steals property from another and: is aided by another person who is present during the commission of the crime, displays a firearm or what appears to be a firearm or physically injures a non-participant or the property stolen is a vehicle.
As used in the statute describing Assault in the Second Degree, the term ‘serious physical injury’ means physical injury which creates a substantial risk of death or which causes death or serious and protracted disfigurement or impairment of health or protracted loss or impairment of the function of any bodily organ.
For anyone charged with the crime of Assault in the Second Degree, it is absolutely critical that you be represented by a skilled and seasoned NYC assault lawyer. Assault charges in New York are serious, and without proper advocacy from a criminal defense attorney, you can end up serving a state prison sentence.
Robbery in the First Degree
Robbery in the First Degree is a Class B violent felony punishable by up to 25 years in state prison with a mandatory minimum sentence of five years in prison. A person may be charged with Robbery in the First Degree in New York when he or she forcibly steals property and when during the commission of the crime or immediate flight therefrom, he or she is armed with a deadly weapon, displays what appears to be a loaded and operable firearm, uses or threatens the use of a dangerous instrument or causes serious injury to a non-participant.
If the accused can establish as an “affirmative defense” that a firearm claimed to have been used was either not loaded or inoperable, this would reduce the crime to either Robbery in the Second or Third Degree. Under the law, a “deadly weapon” includes many items such as various types of knives, clubs, and blackjacks. And a “dangerous instrument” means anything capable of causing physical injury under the circumstances in which it is threatened to be used. Thus, things such as rocks, hammers, and the like are covered under this provision.
Defenses to Robbery Charges in New York
Many robbery prosecutions are built on the identification of the accused by a single witness, usually the alleged victim of the robbery. Single witness identification cases are dangerously unreliable and have resulted in the wrongful convictions of far too many individuals over the years. Simply stated, human beings are quite capable for a variety of reasons, of making mistakes when it comes to identifying criminal perpetrators. This is especially true in cases of cross-racial identifications. For those cases in which the only evidence of guilt is this ID, NYC robbery lawyer Fred Sosinsky has been successful in raising very real doubts about the true identity of the assailant, leading to clients’ acquittals.
Sometimes, a client will have a strong alibi defense — evidence that he or she was somewhere other than the scene of the crime when it occurred. If after careful investigation, this claim appears viable, it can offer powerful evidence leading to acquittal or even the dropping of charges altogether.
Often enough, a defense in which it is shown that the accused may have been present when a crime was committed but did not participate in the crime may be successful. Jurors will recognize that being in the wrong place at the wrong time does not necessarily make one guilty of a crime, more must be required.
Based on his many years of practice as a criminal lawyer in New York, Fred Sosinsky knows that a good number of robbery charges in New York are based on fabricated claims of forcible theft when in fact something other than a robbery had taken place. There may have been a drug deal that turned bad or a paid-for sexual encounter that ends in dispute. In any event, by professionally investigating a robbery charge, such defenses often arise.
Finally, a successful defense to a robbery charge may involve a concession to theft but contesting the use of force element. All to say that hiring an experienced NYC robbery lawyer will ultimately give you the best possible defense to fight the charges brought against you. Fred Sosinsky has helped hundreds of clients facing similar robbery charges in New York over his 30 years of service to the area.
Contact the Top NYC Robbery Lawyer Today
No matter the theory of robbery by which you are charged, Fred Sosinsky will provide you with the best defense possible. Fred treats every case as his most important case. He understands the stress and fear that a robbery charge can cause to those accused. By crafting your defense with a dedicated NYC robbery lawyer, you will know that your case is being handled in the best possible way.