NYC Robbery 2nd Degree Defense | NY Penal Law 160.10 Violent Felony Attorneys

NYC Robbery 2nd Degree Defense | NY Penal Law 160.10 Violent Felony Attorneys

So your probably sitting in Rikers right now facing robbery second degree charges that could mean FIFTEEN YEARS in prison. Maybe you were with someone who got violent during a theft. Maybe you showed what looked like a gun but was actually your phone. Or maybe someone got hurt during a struggle you never intended! Look, we get it. Your TERRIFIED because this is a violent Class C felony with MANDATORY prison time! And you should be scared! Because NY Penal Law §160.10 means minimum 3.5 years state prison even for first offenders!

What Makes Robbery Become Second Degree?

Second degree robbery is when forcible stealing gets upgraded by certain factors that make it “worse” than third degree. But here’s what’s insane – these factors are so broad that almost any robbery becomes second degree! Having a friend nearby? Second degree. Someone gets a bruise? Second degree. Pretending to have a gun? Second degree!

The law says robbery becomes second degree when: Your aided by another person present. Anyone gets physically injured (even minor injury). You display what appears to be a firearm (even if fake). Or the property stolen is a motor vehicle. Just ONE of these factors turns 7-year robbery into 15-year robbery!

What’s completly unfair is the accomplice rule. Your friend stands there doing NOTHING while you steal? That’s “aided by another” – second degree! They don’t have to help, threaten, or even know what your doing. Just being present makes it second degree. Your both facing 15 years!

The injury requirement is a joke too. “Physical injury” doesn’t mean serious injury. A bloody nose, a bruise, soreness that lasts a day – that’s enough! Push someone and they scrape there knee? Second degree robbery. The “victim” claims there shoulder hurts? Second degree. The threshold is ridiculously low!

Can You Avoid Prison for Robbery 2nd Degree?

NO, ABSOLUTELY NOT! This is where people get crushed – second degree robbery has MANDATORY MINIMUM prison sentences. No probation. No alternative programs. No home confinement. Straight to state prison, period!

First offense with perfect record? MINIMUM 3.5 years state prison, maximum 15 years. The judge has NO discretion to give less than 3.5 years. Doesn’t matter if your young, sympathetic, or have a family. Mandatory means mandatory!

Prior non-violent felony? MINIMUM 5 years prison. Prior violent felony? MINIMUM 7 years prison. Multiple priors? Your looking at 10-15 years easy. And these are MINIMUMS – angry judges give way more!

After prison, you face 2.5 to 5 years post-release supervision (parole). Strict conditions, constant monitoring, drug tests, curfews. One violation? Back to prison for the remainder of your original sentence. The punishment never ends!

What If the Gun Was Fake or Not Loaded?

This is the most frustrating part – IT DOESN’T MATTER if the gun was fake! The law says displaying what “appears to be” a firearm is enough. Toy gun? Counts. Cell phone in your pocket? If they think its a gun, it counts. Finger pointed under your shirt? That counts too!

You don’t need an actual weapon. Don’t need it loaded. Don’t even need to explicitly threaten. If the victim THINKS you have a gun based on your actions, that’s second degree robbery. The perception matters more than reality!

We’ve seen convictions where someone had there hand in there pocket holding a phone. Where someone pointed a TV remote. Where someone made there fingers into a gun shape under there jacket. All convicted of second degree robbery for “displaying” a fake weapon!

The law literally protects ignorance – if someone wrongly believes you have a gun, your guilty as if you actually had one! You can scream “it’s not a gun!” all you want. If they already believed it was, your doing 3.5+ years minimum. Your punished for THEIR mistaken belief!

How Does Accomplice Liability Work?

This is how innocent people become violent felons – accomplice liability for robbery second degree is insanely broad! You don’t have to plan it together. Don’t have to know violence would happen. Just being present during forcible stealing makes you equally guilty!

Your friend decides to rob someone while your standing there? You’re guilty of second degree robbery! You thought you were just shoplifting together but they push security? Your both violent felons! You wait in the car while they “go inside for a minute” and they rob the place? Accomplice to robbery!

New York’s accomplice laws don’t require you to do ANYTHING. Being present is enough. Being a lookout is enough. Driving the car is enough. Even if you try to stop them, if you were initially part of it, your guilty!

The worst part? If your accomplice causes injury or displays a weapon, YOU’RE guilty of second degree even if you did nothing violent! Your friend punches someone during the theft? You both face 15 years. They pretend to have a gun? You’re equally guilty. There individual actions become your crimes!

What Level of Injury Makes It Second Degree?

The “physical injury” threshold is shockingly low according to jury instructions. Not serious injury – just regular physical injury. “Substantial pain” or “impairment of physical condition” is enough. That could mean almost anything!

Examples that count as physical injury: Bloody nose from being pushed. Bruises that fade in days. Scraped knee from falling. Red marks from grabbing. Headache from stress. Sore wrist from struggle. The bar is so low that any physical contact risks second degree charges!

The injury doesn’t have to be to the theft victim either! Random bystander gets hurt during chase? Second degree. Store employee trips while following you? Second degree. Security guard hurts himself tackling you? Second degree. Anyone gets hurt for any reason during the incident!

We’ve seen second degree charges where the “injury” was completely accidental. Someone trips over there own feet running away. Elderly person falls from surprise, not violence. Child scrapes knee in crowd confusion. Doesn’t matter – someone got hurt during robbery, so its second degree!

Can Stealing a Car Always Be Robbery 2nd?

YES! This is the automatic upgrade people don’t know about – stealing ANY motor vehicle with force makes it second degree robbery! Doesn’t matter if its a $500 junker. If force was used taking a vehicle, its automatically second degree!

Carjacking is the obvious example, but it goes beyond that. Push someone to grab there keys? Second degree. Threaten someone for there car? Second degree. Even snatching keys from someone’s hand can be second degree if the car theft was the goal!

But here’s what’s crazy – “force” can be minimal for vehicle theft to become robbery. Bump into someone reaching for keys? Force. Yell aggressively demanding the car? Threat of force. The slightest physical contact or threat during vehicle theft equals 3.5+ years mandatory prison!

The value of the vehicle doesn’t matter either. Steal a $200,000 Lamborghini or a $2,000 Honda – same charge, same mandatory minimums. The law treats all vehicle robbery the same. Your life is destroyed regardless of whether the car was worth anything!

What Are the Immigration Consequences?

Robbery second degree is an “aggravated felony” and “crime of violence” under federal immigration law. That means AUTOMATIC deportation for ANY non-citizen! No exceptions, no waivers, no humanitarian consideration!

Green card holders who’ve been here since childhood? Mandatory deportation after prison. DACA recipients? Protection terminated immediately upon arrest. Work visa holders? Revoked and permanently barred. Even refugees face deportation to dangerous countries!

The double classification (aggravated felony AND crime of violence) makes it impossible to fight. Immigration judges have ZERO discretion. You serve your 3.5+ years in prison, then ICE picks you up at the gate for deportation. US citizen children left without parents permanently!

What’s worse is even arrest triggers removal proceedings. Beat the criminal case? ICE still pursues deportation based on arrest for violent felony. Charges reduced to non-violent offense? Original arrest still counts for immigration. The system ensures deportation regardless of outcome!

Will This Destroy Employment Forever?

ABSOLUTELY! “Robbery Second Degree – VIOLENT FELONY” on background checks means permanent unemployment! Every employer sees that and immediately rejects you. Doesn’t matter if no one was seriously hurt. Doesn’t matter if the gun was fake. Your branded a violent armed robber!

Professional licenses? Revoked permanently. Healthcare, education, finance, law, real estate – no licensed profession accepts violent felons. Those years of education and training? Worthless. Your career is over before you leave prison!

• Government jobs – lifetime ban for violent felonies
• Financial sector – prohibited from banking/finance work
• Healthcare – can’t work with patients or medications
• Education – banned from schools and childcare
• Security/law enforcement – obviously impossible
• Uber/Lyft – no rideshare with violent record

Even minimum wage jobs become impossible. McDonald’s does background checks. Walmart won’t hire violent felons. Construction unions exclude felons. Your left with under-the-table work if your lucky, homelessness if your not!

How Do You Defend Against 2nd Degree Charges?

The key is attacking the enhancement factors that make it second degree rather than third. Was someone really “aiding” or just coincidentally present? Was there really physical injury or just contact? Did you really display what appeared to be a weapon?

Accomplice presence gets challenged by showing lack of knowledge or participation. Maybe they didn’t know you would steal. Maybe they tried to stop you. Maybe they were just randomly there, not “aiding” anything. Proving lack of criminal intent for the accomplice can help!

Injury claims require medical proof. Saying “it hurt” isn’t enough without documentation. No medical treatment? No visible marks? No lasting effects? That’s not physical injury under the statute. Push prosecutors to prove actual impairment, not just claimed pain!

Weapon display defenses focus on perception versus reality. Did you actually make gun gestures or did they imagine it? Was your hand in pocket for normal reasons? Would reasonable person think you had a weapon? Sometimes fear makes people see weapons that weren’t implied!

Why Spodek Law Group for Robbery 2nd Degree?

Most lawyers see mandatory minimums and give up. “Take 3.5 years, could be worse!” But we know that 3.5 years in state prison destroys your life just as much as 15 years. We fight to beat the case entirely, not just reduce prison time!

We dissect every element that makes it second degree. Challenge accomplice liability. Dispute injury claims. Attack weapon display allegations. If we can knock out the enhancements, second degree becomes third degree or even petit larceny!

We’re not afraid of trials on violent felonies. Most lawyers push pleas to avoid risk. We fight. Prosecutors know this. Sometimes they’d rather dismiss or significantly reduce than risk losing a “violent robbery” case at trial!

Most importantly, we understand that second degree charges often overcharge the actual crime. Maybe your friend acted alone. Maybe injuries were accidental. Maybe there was never a weapon. We show juries how prosecutors inflate charges to force pleas!

Call us RIGHT NOW at 212-300-5196
Don’t accept mandatory prison – FIGHT BACK!

Time is CRITICAL in robbery second degree cases! Video showing no accomplice participation? Deleted in 30-60 days. Medical records proving no real injury? Get harder to obtain over time. Witnesses who saw there was no weapon? They disappear or forget crucial details!

Don’t plead guilty because mandatory minimums scare you! Don’t let public defenders push quick pleas! Don’t accept that your life is over! Fight with attorneys who know that second degree charges often don’t match what really happened!

Disclaimer: Prior results don’t guarantee future outcomes. Each case is unique. But we promise to fight every enhancement element that makes it second degree.