ROBBERY / BURGLARYCharged with Robbery or Burglary and
need a Defense Lawyer in Queens, NYC or Long Island?

While the definitions are different, robbery and burglary are alike in that they are both very serious charges and can be considered violent felony offenses depending upon the existence of certain aggravating factors. Examples of aggravating factors which can elevate these charges include but are not limited to:

• Being aided by another person present at the time of the commission of the alleged crime.
• Being in possession of or utilizing a weapon.
• Entering or remaining unlawfully in a residence.
• Causing injury to another person.

Felonies which are classified as violent carry mandatory upstate imprisonment (more than one year in duration), which requires the convicted offender to serve at least 85% of the jail term imposed, with ultimate conditional release to community/parole supervision for an additional period of time. If the offender violates the conditions of his or her community/parole supervision, additional jail time can be imposed.

Robbery is defined in Article 160 of the New York Penal Law.

Under Article 160, robbery can be classed as third, second, or first degree, all of which are felonies. 

• 1st Degree: Class B Felony, up to 25 years in prison (mandatory minimum of 5 years)

• 2nd Degree: Class C Felony, up to 15 years in prison (mandatory minimum of 3 1/2 years)
• 3rd Degree: Class D Felony, up to 7 years in prison

Burglary is covered by Penal Law Article 140, and is broken down the same way as robbery. The charges can be third, second, or first degree, which are respectively classified as D, C, and B felonies.

It is worth noting that under Article 140, the mere possession of burglar’s tools can also be charged as a crime. This offense is a Class A misdemeanor, which can be penalized with up to one year of incarceration and a maximum fine of $1,000.  Burglar’s tools can be “any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises… larceny by a physical taking, or… theft of services.”

There are many issues and potential defenses that need to be explored and developed as soon as possible when defending robbery or burglary charges.  For example, important factors can include:

• Bail application preparations.
• Investigation of facts.
• Location of and preservation of potential exculpatory evidence and witnesses.

• Potential plea-bargaining options.
• Grand Jury preparation.
• Motion practice.
• Suppression of illegally obtained evidence.
• Trial preparation and strategy.

Victor Knapp has successfully defended numerous clients at trial, especially in cases where the prosecution has relied upon the purported accuracy of the identification testimony introduced into evidence. In his attack upon the accuracy and reliability of identification testimony, he has utilized experts in the fields of:

• Eyewitness identification testimony.
• Telephone cell tower extrapolation from telephone records.
• Video analysis.
• Fingerprint and DNA analysis.

All of these factors can play a vital role both before and during trial.