In New York, violent crimes are the most egregious offenses one can face. These charges categorize crimes of a violent nature. Armed robbery falls are classified as a violent crime in New York because of the detrimental impact this crime can have on victims. If you have been charged with armed robbery in New York, you should take these charges seriously, as a conviction can result in significant monetary fines, probation, prison time, and a criminal record that will haunt you for years to come. Please continue reading to learn the best defenses against armed robbery charges in New York and how an experienced Garden City, NY, Violent Crime Lawyer can help construct solid legal defenses for your case.
What is Armed Robbery?
In New York, an armed robbery occurs when an individual takes another person’s property by force or the threat of violence. Unlike other theft charges, to constitute armed robbery, the offender must have been armed with a deadly weapon, and during that theft, taking, or fleeing from the scene, the offender or another person involved in the robbery caused an injury meeting the legal threshold of a severe physical injury to any non-participant.
Under these circumstances, an offender will face a first-degree robbery charge. It’s crucial to note that a deadly weapon could include a gun, knife, or any other object that could be used to inflict harm. First-degree robbery is punishable by no less than five years and a maximum of ninety-five years in prison. Given the high stakes, it’s in your best interest to enlist the help of an experienced attorney who can help you explore available defenses to protect your rights and freedom.
What Are the Potential Defenses?
As mentioned above, the presence of a deadly weapon would warrant a first-degree charge. The use of a deadly weapon to initiate a victim is an essential element to support a robbery in a first-degree charge. As such, a valid defense to such a charge would be the absence of a deadly weapon. In addition, you may raise duress as a defense if you can demonstrate that someone compelled or induced you to commit the crime. The inducement can result from the use of force or threat of force, such as severe bodily injury or death, meaning you had no reasonable alternative but to commit the crime.
Moreover, if you were provoked into committing a robbery but would not have committed the crime otherwise but for being pushed into doing it, you may be able to raise an entrapment defense. While entrapment defenses are difficult to prove, they can be asserted if a law enforcement officer induced you to commit the crime. However, if you intended to commit the robbery in the first place without coercion involved, you cannot use an entrapment defense.
If you’ve been charged with a violent crime, it’s in your best interest to enlist the help of a talented lawyer from the legal team at Grunwald & Seman, P.C., who can help you navigate your legal options and fight to achieve the best possible outcome for your case.
