How long for attempted robbery

If you are facing a robbery charge in New York, give us a call to secure the best criminal defense team in the city. Name Please enter your name. This isn't a valid email address. Please enter your email address. This isn't a valid phone number.

Please enter your phone number. Are you a new client? Yes, I am a potential new client. No, I'm a current existing client. I'm neither Please select an option. Person s sentenced pursuant to III above with few exceptions, are not eligible for a suspended sentence; probation; pardon or release from confinement.

If you face Aggravated robbery charges you will need to retain an experienced criminal attorney who often defends robbery charges. The Law Office of James Novak is an experienced criminal defense firm. If retained, they will challenge evidence and defend charges on your behave.

He has a vast amount of trial and litigation experience in criminal law. If retained, James Novak, PLLC will personally defend your charges; defend your rights; file motions and argue to suppress weak and unjustified evidence; and attempt to get the best possible outcome in your case. A robbery occurs when:. Robbery does not need to involve a weapon.

Taking money from a bank by pointing a gun at the teller is certainly a robbery. But taking money from a teller by using a fake gun or even a note is still robbery because the teller gave up the money because of fear. Some shoplifting cases turn into robberies if the shoplifter is confronted by store security and the shoplifter uses force on the security guard to try to get away with the property.

Robbery is one of the enumerated violent felonies, making it a strike. Robbery is punishable in state prison by either 2, 3, or 5 years. That triad increases to 3, 4, or 6 years if the offense is first degree robbery. Taking someone's property is robbery if any force is used to obtain it. Pushing someone down, hitting someone, wresting something from the victim's grasp are all examples of violence. There need not be a lot of force—a light shove or the snapping of a purse strap will do.

Robbery can also be accomplished by intimidating someone—placing someone in fear. But in some states, that fear must be reasonable—the response of any ordinary person in the position of the victim. Other states will count a victim's unreasonable response the response of someone unusually susceptible to threats , as long as it was triggered by the defendant's actions.

Traditionally, the threat needed to be one of serious injury or death, or the destruction of the victim's home; and the threat needed to be of imminent harm. For example, threatening to do harm to the victim's family member many months hence is not imminent enough to qualify as a threat.

As explained above, "armed robbery" is usually charged as an aggravated robbery, which requires the use of a deadly or dangerous weapon. There's little debate whether a functioning firearm qualifies as a deadly or dangerous weapon. But other objects can qualify, as long as they are inherently deadly, or if not, used in a manner that causes or is likely to cause serious physical injury or death.

Many debates surround items like stationary objects, canes, animals, parts of the human body, and vehicles. The final element of armed robbery involves using the deadly or dangerous weapon.

A defendant clearly does so when he hits the victim or fires a gun, but he also does so when he exhibits or carries the weapon and threatens to use it. Learn about Assault with a Deadly Weapon. Those who are charged with armed robbery always have available the defense of "mistaken identity"—that a robbery may have occurred, but the defendant didn't do it.

Some states may allow a claim by the defendant that he was taking only what was his.