Robbery Attorney

Robbery Defense Attorney in Suffolk County, New York

Being charged with robbery in Suffolk County is an extremely serious matter that carries severe consequences, including lengthy prison sentences, substantial fines, and a permanent violent felony conviction on your record. Robbery charges require immediate attention from an experienced criminal defense attorney who understands the complexities of New York’s robbery statutes and can mount an aggressive defense. Attorney Michael Brown is Suffolk County’s most experienced robbery defense lawyer, with a proven track record of successfully defending clients against all degrees of robbery charges.

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Understanding Robbery Under New York Law

Robbery is defined under New York Penal Law Article 160 and is considered a violent felony offense. Unlike theft or larceny, which involve taking property without the owner’s knowledge or consent, robbery involves the use of force or the threat of force during the commission of a theft. This element of force or intimidation is what distinguishes robbery from other property crimes and makes it significantly more serious.

All robbery charges in New York are felonies—there are no misdemeanor robbery offenses. The severity of the charge depends on factors such as the use of weapons, the degree of injury inflicted, the number of participants, and whether the victim was particularly vulnerable.

Robbery in the Third Degree

Robbery in the Third Degree, defined under New York Penal Law § 160.05, is a Class D felony and the least serious robbery charge. A person is guilty of robbery in the third degree when they forcibly steal property.

“Forcibly steals” means that in the course of committing a larceny, the person uses or threatens the immediate use of physical force upon another person for the purpose of:

Preventing or overcoming resistance to the taking of property
Compelling the owner or another person to deliver up the property
Retaining the property immediately after taking it

Key Elements of Third-Degree Robbery

The prosecution must prove beyond a reasonable doubt that:

You committed or attempted to commit a larceny (theft)
You used or threatened immediate physical force
The force was used to overcome resistance, compel delivery of property, or retain property after taking

The force can be relatively minor—even pushing someone or snatching property from their hands can constitute the force element if it meets the legal standard.

Penalties for Robbery in the Third Degree

A conviction for robbery in the third degree carries:

Prison Time: 2 to 7 years in state prison (determinate sentence)
Probation: Not eligible for probation as a first-time offender without special circumstances
Post-Release Supervision: 2.5 to 5 years of mandatory post-release supervision
Violent Felony Designation: Classified as a violent felony offense under New York law
Substantial Fines: Fines up to $5,000 plus mandatory surcharges
Restitution: Payment to victims for their losses
Permanent Felony Record: A violent felony conviction that affects employment, housing, and civil rights

Robbery in the Second Degree

Robbery in the Second Degree, defined under New York Penal Law § 160.10, is a Class C violent felony. This is a more serious charge that applies when robbery involves additional aggravating factors. A person is guilty of robbery in the second degree when they forcibly steal property and when:

Aided by Another Person Actually Present: The person is aided by another person actually present during the robbery. This means two or more people working together to commit the robbery.

In the Course of Commission or Immediate Flight, Injury: During the commission of the crime or immediate flight therefrom, the defendant or another participant in the crime causes physical injury to any person who is not a participant in the crime.

Displaying What Appears to Be a Firearm or Other Deadly Weapon: The person displays what appears to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm. The weapon does not need to be real or operable—displaying what appears to be a firearm is sufficient.

Physical Force Threatens Serious Physical Injury: The person uses or threatens the immediate use of physical force upon another person in a manner that creates a reasonable fear of serious physical injury.

Penalties for Robbery in the Second Degree

A conviction for robbery in the second degree results in severe consequences:

Prison Time: 3.5 to 15 years in state prison (determinate sentence)
Mandatory Minimum: If convicted, there is typically a mandatory minimum prison sentence
Post-Release Supervision: 2.5 to 5 years of mandatory supervision after release
Violent Felony Offender Status: Classified as a violent felony, affecting all future sentencing
Substantial Financial Penalties: Fines up to $5,000, surcharges, and restitution to victims
Permanent Violent Felony Record: Devastating impact on employment, housing, professional licensing, voting rights while incarcerated, and firearm possession rights
Immigration Consequences: For non-citizens, deportation or inadmissibility is highly likely

Robbery in the First Degree

Robbery in the First Degree, defined under New York Penal Law § 160.15, is a Class B violent felony and the most serious robbery charge in New York. A person is guilty of robbery in the first degree when they forcibly steal property and when, in the course of the commission of the crime or of immediate flight therefrom, they or another participant in the crime:

Causes Serious Physical Injury: Causes serious physical injury to any person who is not a participant in the crime. “Serious physical injury” means physical injury which creates a substantial risk of death, causes death, serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ.

Armed with a Deadly Weapon: Is armed with a deadly weapon. This includes firearms, knives, or any instrument readily capable of causing death or serious physical injury.

Uses or Threatens Use of a Dangerous Instrument: Uses or threatens the immediate use of a dangerous instrument.

Displays What Appears to Be a Firearm: Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm. As with second-degree robbery, the weapon need not be real or functional.

Penalties for Robbery in the First Degree

A conviction for robbery in the first degree results in the most severe penalties:

Prison Time: 5 to 25 years in state prison (determinate sentence)
Mandatory Minimum: Substantial mandatory minimum prison sentence
Post-Release Supervision: 2.5 to 5 years of mandatory supervision after release
Violent Felony Offender Classification: The most serious violent felony designation
Massive Financial Penalties: Fines up to $5,000, substantial surcharges, and full restitution to victims
Life-Long Consequences: A Class B violent felony conviction devastates employment prospects, housing opportunities, professional licensing, and civil rights for life
Immigration Consequences: Virtually certain deportation for non-citizens, with no possibility of waiver in most cases

Common Types of Robbery Cases

Robbery charges in Suffolk County arise from various scenarios:

Street Robberies and Muggings

These involve confronting victims in public places, on streets, in parking lots, or in parks, and forcibly taking wallets, purses, phones, jewelry, or other property. These cases often involve:

Identification issues where victims may not clearly see perpetrators
Mistaken identity situations
Questions about whether force was actually used

Commercial Robberies

Robberies of businesses including convenience stores, gas stations, restaurants, and retail establishments. These cases typically involve:

Surveillance video evidence
Multiple witnesses
Allegations of weapon use
Enhanced charges due to firearms or disguises

Home Invasion Robberies

Forcibly entering residences and taking property while occupants are present. These extremely serious cases often involve:

First-degree robbery charges
Multiple defendants
Serious injury allegations
Burglary charges in addition to robbery

Carjacking

Taking motor vehicles by force or threat of force while the owner or operator is present. Carjacking cases often involve:

Federal charges in addition to state charges
Weapon enhancement allegations
First or second-degree robbery charges

Bank Robbery

Taking money or property from banks or financial institutions. These cases involve:

Federal prosecution in addition to or instead of state charges
Extensive FBI investigation
Severe sentencing enhancements
Armed robbery charges in most cases

Robbery During Drug Transactions

Forcibly taking money or drugs during drug deals. These cases are complicated by:

Both parties potentially facing criminal charges
Credibility issues with witnesses involved in illegal activity
Difficulty proving facts when all parties have incentive to lie

Related Robbery Offenses and Charges

Grand Larceny

While not robbery, grand larceny charges (theft without force) are often charged alongside robbery or as reduced charges. Grand larceny involves theft of property exceeding certain value thresholds without the use of force.

Burglary

Burglary charges often accompany robbery charges when someone unlawfully enters a building with intent to commit a crime inside. If force is used during the crime, both burglary and robbery may be charged.

Assault

Assault charges frequently accompany robbery charges when victims are injured during the offense. The same conduct may support both robbery and assault convictions.

Criminal Possession of a Weapon

When robberies involve weapons, separate weapon possession charges are typically filed, including criminal possession of a weapon in the second degree (Class C felony) or third degree (Class D felony).

Criminal Use of a Firearm

When firearms are used during robberies, additional charges for criminal use of a firearm in the first degree (Class B felony) may apply, carrying 5 to 25 years in prison.

Long-Term Consequences of Robbery Convictions

Beyond the immediate criminal penalties, robbery convictions carry devastating long-term consequences that affect virtually every aspect of your life.

Employment Impact

Robbery convictions, particularly violent felonies, create nearly insurmountable employment barriers:

Most employers automatically disqualify applicants with violent felony convictions
Professional licenses in fields such as healthcare, law, education, and finance become impossible to obtain
Security clearances are permanently unavailable
Many industries and career paths are completely closed off
Even after serving your sentence, the stigma of a robbery conviction follows you indefinitely

Housing Difficulties

Finding housing with a robbery conviction is extremely challenging:

Private landlords routinely deny applications from individuals with violent felony convictions
Public housing authorities exclude applicants with violent crime histories
Many apartment complexes and rental communities have policies against renting to violent felons
Mortgage lenders may deny home loans based on criminal history

Educational Consequences

Robbery convictions affect educational opportunities:

College admissions offices consider criminal history, often denying admission for violent felonies
Current students may face expulsion
Federal financial aid eligibility may be affected
Professional and graduate school programs typically exclude applicants with violent crime convictions
Study abroad programs and certain academic opportunities become unavailable

Family Law Impact

Robbery convictions dramatically affect family relationships:

Child custody determinations strongly favor the non-convicted parent
Visitation rights may be severely restricted or supervised
Adoption eligibility is essentially eliminated
Foster parenting becomes impossible
Courts presume that violent crime convictions are against children’s best interests

Loss of Civil Rights

Robbery felony convictions result in:

Permanent prohibition on firearm possession under federal and state law
Loss of voting rights while incarcerated (restored after release in New York)
Ineligibility to serve on juries
Disqualification from holding public office
Loss of certain professional licenses and certifications

Immigration Consequences

For non-citizens, robbery convictions have catastrophic immigration consequences:

Robbery is considered an “aggravated felony” under immigration law
Aggravated felonies trigger mandatory deportation with virtually no possibility of waiver
Legal permanent residents lose their status
Pending naturalization applications are denied
Re-entry to the United States becomes permanently barred
Even legal permanent residents with decades of U.S. residence face deportation

Social Stigma and Reputation

The social consequences of a robbery conviction cannot be understated:

Community stigma and damaged reputation
Strained family relationships
Difficulty forming new personal and professional relationships
Ongoing disclosure requirements in many contexts
Permanent digital record accessible through background checks

How Attorney Michael Brown Defends Robbery Cases

As Suffolk County’s most experienced robbery defense attorney, Michael Brown understands that aggressive, strategic defense is essential in these serious cases. He employs comprehensive defense strategies tailored to the unique circumstances of each case.

Challenging Identification

Many robbery cases hinge on witness identification, which is notoriously unreliable. Attorney Brown can challenge:

The accuracy of eyewitness identifications, which psychological research shows are often mistaken
Suggestive identification procedures used by police, such as improperly conducted lineups
Cross-racial identification difficulties
Poor viewing conditions during the alleged robbery (lighting, distance, duration, stress)
Inconsistencies in witness descriptions
Failure to identify the defendant in initial viewings
Existence of alibi evidence placing you elsewhere

Questioning the Use of Force

For conduct to constitute robbery rather than simple larceny, force or threat of force must be proven. Attorney Brown can argue:

No force was actually used or threatened
Any physical contact was incidental and not intended to overcome resistance
The alleged victim’s resistance was minimal or non-existent
The taking occurred without force, making it theft rather than robbery

Lack of Intent

Robbery requires specific intent to permanently deprive someone of property. Attorney Brown can demonstrate:

You had no intent to steal
You believed the property was yours or you had a right to it
The taking was a misunderstanding or mistake
You intended only to borrow property temporarily

Challenging Weapon Evidence

When robbery charges involve weapons, Attorney Brown can challenge:

Whether a weapon was actually present
Whether an object constitutes a “deadly weapon” or “dangerous instrument” under the law
Whether any weapon was actually displayed or used
The chain of custody for physical evidence
Whether the alleged weapon belongs to you

Self-Defense and Defense of Property

In some circumstances, Attorney Brown can assert:

You were defending yourself from attack
You were protecting your own property that was being stolen
The alleged victim was the actual aggressor
Your actions were justified under the circumstances

Actual Innocence and Mistaken Identity

Attorney Brown aggressively investigates and presents evidence of:

Alibis placing you elsewhere during the robbery
Physical evidence inconsistent with your involvement
Other suspects who better match descriptions or evidence
False accusations or mistaken identity
Surveillance footage showing you were not at the scene

Constitutional Violations

Attorney Brown examines whether:

Police conducted illegal searches or seizures
Your statements were obtained in violation of Miranda rights
Evidence was gathered through unlawful means
Police failed to follow proper procedures
Your constitutional rights were violated at any stage

Challenging the Prosecution’s Evidence

Attorney Brown thoroughly analyzes all prosecution evidence:

Inconsistencies in witness testimony
Gaps in the chain of custody for physical evidence
Reliability of forensic evidence
Quality and interpretation of surveillance footage
Credibility of cooperating witnesses or accomplices

Negotiating Reduced Charges

Even in challenging cases, Attorney Brown’s extensive experience and relationships with prosecutors often enable favorable negotiations:

Reduction from first-degree to second-degree or third-degree robbery
Reduction from robbery to grand larceny (eliminating the violent felony)
Plea agreements that minimize prison exposure
Alternative sentencing programs when appropriate
Cooperation agreements for co-defendants willing to testify

Five Reasons Attorney Michael Brown Is Your Best Choice for Robbery Defense

Unmatched Experience in Violent Felony Defense: As Suffolk County’s most experienced robbery defense attorney, Michael Brown has successfully defended hundreds of clients against robbery charges of all degrees, from third-degree robbery cases to complex first-degree armed robbery prosecutions involving serious injuries, multiple defendants, and extensive investigations. His deep knowledge of robbery law and procedure provides clients with the strongest possible defense.
Proven Trial Success: Robbery cases often go to trial, and Attorney Brown is an accomplished trial lawyer who has secured numerous not-guilty verdicts and hung juries in robbery trials. His courtroom presence, cross-examination skills, and ability to present compelling defenses to juries are backed by decades of trial experience. Unlike attorneys who push clients toward plea deals, Attorney Brown is always prepared to take your case to trial when it serves your best interests.
Strategic Investigation and Case Development: Attorney Brown doesn’t rely on police reports and prosecutor claims. He conducts thorough independent investigations, including interviewing witnesses, obtaining surveillance footage, consulting forensic experts, hiring private investigators when necessary, and uncovering evidence that police overlooked. His investigations frequently uncover exculpatory evidence that changes the entire trajectory of cases.
Understanding of Co-Defendant Dynamics: Many robbery cases involve multiple defendants, creating complex strategic considerations. Attorney Brown expertly navigates these situations, understanding how to protect your interests when co-defendants may cooperate against you, how to challenge accomplice testimony, and when cooperation may be beneficial. His experience with multi-defendant cases ensures your defense isn’t compromised by decisions made by others.
Comprehensive Sentencing Advocacy: If conviction cannot be avoided, Attorney Brown’s sentencing advocacy can mean the difference between minimum and maximum sentences. He presents compelling mitigation evidence, challenges sentencing enhancement allegations, argues for alternatives to incarceration when possible, and ensures judges consider all factors favorable to you. His relationships with judges and knowledge of sentencing practices in Suffolk County courts are invaluable assets.

The Critical Importance of Immediate Legal Representation

Robbery cases require immediate action. The moment you’re arrested or learn you’re under investigation, you need Attorney Michael Brown on your side because:

Early Investigation: Physical evidence disappears, surveillance footage is deleted, and witnesses become unavailable. Immediate investigation preserves crucial evidence.
Preventing Damaging Statements: Anything you say to police can be used against you. Many people unintentionally make incriminating statements trying to explain themselves. Attorney Brown ensures you don’t damage your defense.
Bail and Release: Robbery charges typically involve high bail or no bail. Attorney Brown fights for reasonable bail conditions so you’re not incarcerated pretrial.
Preventing Additional Charges: Sometimes police are still investigating when they make arrests. Attorney Brown’s involvement can prevent additional charges from being filed.
Strategic Advantage: Early involvement allows Attorney Brown to shape the direction of the case from the beginning, rather than playing catch-up later.

What to Do If You’re Charged with Robbery

If you’ve been arrested for robbery or are under investigation:

Remain Silent: Exercise your Fifth Amendment right to remain silent. Do not answer police questions, do not explain what happened, and do not try to talk your way out of the situation. Politely state: “I want to speak with my attorney and I’m exercising my right to remain silent.”

Request an Attorney Immediately: Clearly state that you want an attorney. Once you invoke this right, police must stop questioning you.

Do Not Consent to Searches: You have the right to refuse consent to searches. Do not give police permission to search your person, vehicle, phone, or residence.

Do Not Contact Alleged Victims or Witnesses: Any contact can be used against you and may result in additional charges like witness tampering or intimidation.

Preserve Evidence: If you have any evidence supporting your innocence—text messages, photos, receipts, surveillance footage, or anything else—preserve it immediately and provide it to your attorney.

Document Your Whereabouts: Write down everything you remember about your location and activities at the time of the alleged robbery, including witnesses who can verify your whereabouts.

Contact Attorney Michael Brown Immediately: Every moment counts. The sooner you have experienced representation, the better your chances of a favorable outcome.

Understanding Accomplice Liability

Even if you didn’t personally use force or take property, you can still be charged with robbery under accomplice liability principles if you:

Aided another person in committing robbery
Were present and provided assistance or encouragement
Acted in concert with others who committed robbery
Shared the intent that robbery be committed

Attorney Brown understands how to challenge accomplice liability theories and can argue that:

You lacked the requisite intent
Your presence was coincidental
You withdrew from any plan before the robbery occurred
You attempted to prevent the robbery

Your Future Is Worth Fighting For

A robbery conviction can destroy your life, taking away your freedom, your family, your career opportunities, and your future. But a charge is not a conviction. With experienced, aggressive legal representation, many defendants achieve outcomes that protect their freedom—whether through dismissal, acquittal at trial, reduction to non-violent charges, or favorable plea agreements.

You need an attorney who will fight tirelessly for your rights, investigate every angle of your case, challenge the prosecution’s evidence, and never give up on achieving the best possible outcome. You need Suffolk County’s most experienced robbery defense attorney.

Contact Attorney Michael Brown today for a confidential consultation about your robbery case. Your freedom, your future, and your family depend on the decisions you make right now. Don’t face these serious charges without the most experienced robbery defense lawyer in Suffolk County fighting for you.