Sometimes robbery and burglary are used interchangeably. However, these are two very different crimes and as such are treated differently when it comes to penalties. There is a significant distinction between them: Burglary has to do with illegally entering someone else’s property, regardless of whether or not the individual steals something; robbery involves the taking of property from another through threats or intimidation or fear of harm.
What is Considered Robbery in NY?
Under NY law, a robbery is defined as a perpetrator stealing from someone using force, violently stealing from someone, or stealing from someone with a threat of violence or force.
What Are the Penalties for Committing a Robbery in NY?
Robbery is a very serious crime in New York. Depending on the degree in which the perpetrator is convicted, the penalties vary. Read on for the list of penalties for committing a robbery and armed robbery in the state of New York. The specific penalty will depend on the criminal history and the specific facts of the case.
- Third degree is considered a class D felony and can carry a penalty of two to seven years in prison.
- Second degree is considered a Class C felony and can carry a penalty of seven to fifteen years in prison.
- First degree is considered a Class B felony and can carry a penalty of ten to twenty-five years in prison.
- Armed robbery is considered a class B felony and can carry a penalty for a prison sentence of at least five years, fines, and restitution.
What is Considered Burglary in New York?
In New York, burglary occurs when a perpetrator gains entry into a building with the intent to commit a crime, and then remains on the property with intent to commit a crime.
- Entry into the building: The entry doesn’t require a breaking and entering. For instance, an individual could unlawfully remain in a building that they legally entered.
- Intent to commit a crime: Although theft is one of the most likely intended crimes, assaults and sex crimes are also common. It is still considered burglary even if the intended crime isn’t committed. For instance, an individual illegally enters a home with the intent to assault the occupant, but a dog drives the individual away before they can commit the crime.
What Are the Penalties for Committing a Burglary in NY?
Like robbery, burglary is a serious crime. Burglaries are considered felonies in most cases in the state of New York. Read on for a list of the penalties for burglary in NY. The specific penalty will depend on criminal history and other facts of the case.
- Third degree is considered a Class D felony and can carry a penalty of one to twenty-five years in prison.
- Second degree is considered a Class C felony and can carry a penalty ranging from one to fifteen years in prison.
- First degree is considered a Class B felony and can carry a penalty ranging from one to twenty-five years in prison.
Speak to an Experienced Criminal Defense Attorney If you’re dealing with either burglary or robbery charges in New York, you’re facing some serious charges which could have severe consequences for your future. You want to have a dedicated defense attorney at your side. Contact one of our skilled MOWK Law New York criminal defense lawyer right away to find out more about your case.