If you are a persistent felony offender the minimum sentence you will receive is 20-25 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. N.Y. Pen.
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.
Criminal Intent to Steal Not all taking of property constitute robbery. A crucial element is the specific intent to steal. Without evidence of criminal intent to rob the alleged victim, the defendant may not be convicted for the crime of robbery.
Class B felonies are the second-to-the-highest in the class ranking. It has two different types, Class B1 and B2. This is a high-level felony, and is the worst kind of felony. These include crimes such as arson, burglary, armed robbery, voluntary manslaughter and murder.
Robbery is the unlawful taking of property from another by force or threat of force. Without force or threat of force, robbery has not occurred. Theft is a broad, catchall term that includes all crimes of stealing, plus burglary and robbery.
Elements of Robbery The crime of robbery involves (1) the taking of the property of another (2) from his or her person or in their presence (3) by violence, intimidation or threat (4) with the intent to deprive them of it permanently.
Under Article 294 (5) of the Revised Penal Code, as amended, the imposable penalty for robbery is prision correccional in its maximum period to prision mayor in its medium period. Article 295 of the same Code, however, qualifies the penalty to its maximum period if the robbery is committed by a band.
Robbery in general and simple theft can be distinguished in the sense that, in robbery, there is force employed upon persons or things, when stealing or taking away personal property without the consent of the owner or possessor thereof. While in theft, there is none.