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A robbery is considered more or less severe depending on the level and means of force involved. A common aggravating factor in a robbery case is whether or not a weapon was used. Armed robbery occurs when a person intentionally takes something from another person, using force or the threat of force, while carrying a weapon.
Armed robbery is charged as a felony in New York. Many individuals are under the impression that a criminal trial lasts a long time due to the publicity of high profile cases. Many robbery trials, however, do not take as long. Most trial processes, from arrest to the sentencing, takes a months to a couple of years.
If you would like more information on any aspect of the robbery charge, work with our firm at once. Aggravated robbery is a very serious form of robbery. If you have been charged with aggravated battery , it is ever more important that you retain the legal services of our firm. In addition, your sentence may also include a term of post-release supervision, a fine, and restitution.
Because robbery with a deadly weapon is a Class B felony, the maximum prison sentence is generally 25 years. However, the actual length of your prison sentence will largely depend on your prior criminal record. Based on your criminal record, you will be labeled as someone who has no prior convictions, someone who is a non-violent predicate offender, someone who is a violent predicate offender, or someone who is a persistent felony offender.
If you have no prior convictions the judge will still be required to sentence you to at least 5 years in prison because assault in the first degree is also classified as a violent felony. If you are classified as a non-violent predicate offender the court will be required to sentence you to at least 8 years, while if you are classified as a violent predicate offender, you will be sentenced to at least 10 years in prison.
If you are a persistent felony offender the minimum sentence you will receive is years in prison. In addition, if you are a persistent felony offender, instead of the maximum sentence being 25 years the judge has the authority to sentence you to up to life in prison. Other factors that may cause the judge to give you a more severe sentence include the value of the property stolen and the severity of the victim's injuries.
In addition to sentencing you to prison, as a part of your sentence the judge may also order you to pay a fine and restitution.
Restitution is paid to the victim to cover out-of-pocket expenses that result from the robbery. For example, you may be ordered to pay for the property damaged or stolen, as well as the victim's medical expenses. Furthermore, you will also have to pay a fee to the company charged with collecting the restitution from you. If you do not pay a fine, fee or restitution, you may be charged with a misdemeanor and sent to prison for up to a year, your wages may be garnished or the state of New York may obtain a judgment against you.
However, if you cannot pay the judge may adjust the payment terms, lower the amount you must pay, or revoke the part of the sentencing requiring you to pay. If convicted of robbery with a deadly weapon your sentence will also include a term of post-release supervision of up to 5 years. The purpose of post-release supervision is to ensure that when you are released from prison you experience a smooth re-integration into the community. Post-release supervision is overseen by the Division of Parole.
Conditions will be placed on you to ensure this smooth re-integration and to help ensure that you do not reoffend:. If you fail to follow the rules associated with your post-release supervision, you risk going back to prison.
If you are convicted of robbery with a deadly weapon there will be consequences that will affect your life even after you serve your prison sentence and your term of post-release supervision. You will have a criminal record that includes a violent felony that will make several aspects of your life more challenging such as getting a job. Most employers perform background checks on prospective employees.
If an employer discovers you criminal record, that employer may be hesitant to hire you. In addition, you will be barred from getting a license to teach or practice law. You will not be able to own a gun, serve in the military, or serve on juries. Some schools may refuse to admit you. Other schools may admit you but refuse to allow you to live on campus. You will also not be able to receive certain government benefits such as welfare or federally funded housing.
You may lose custody of your children. If you are not a U. Defending a robbery charge is complicated requiring an understanding complex issues related to evidence as well as understanding possible defenses. Contact us at Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Similarly, any evidence tending to show that the person did not use any force or violence in obtaining the property helps in the defense against an armed robbery charge.
In this specific scenario where an armed robbery is committed against someone who is 60 years or older, any evidence to show that the person reasonably believed that the alleged victim was not 60 years or older, or was in a position that he could not have known the age of the alleged victim is a strong defense to this particular aggravating factor.
Matthew Wilson. DC Armed Robbery Charges Armed robbery is a serious felony offense where a person uses force or violence while also being armed with a firearm or a dangerous weapon when taking property away from the immediate possession of another person. Elements of Armed Robbery The government is required to prove several elements before a person can be convicted of armed robbery. Difference Between Robbery and Armed Robbery For a robbery to be elevated to the more serious crime of armed robbery, the person must have been armed or had readily available any firearm, pistol, or other deadly or dangerous weapon during the robbery.
Aggravating Factors If a person has a prior conviction of a violent or dangerous crime, upon a conviction for armed robbery, they face a mandatory minimum penalty of five years in addition to the penalty imposed for the armed robbery.
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