PL 160.15 · Article 160
Robbery in the First Degree
This offense requires forcible stealing and an alternative aggravating circumstance during the crime or immediate flight, involving serious injury, a deadly weapon, a dangerous instrument, or an apparent firearm. The statute provides a limited affirmative defense to the apparent-firearm alternative concerning whether the weapon was loaded and capable of discharging a shot readily capable of causing death or serious physical injury.
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PL 160.15 · Original statutory wording; excerpts must be read together with the full section.
§ 160.15 Robbery in the first degree. A person is guilty of robbery in the first degree when he forcibly steals property and when, in the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime: 1. Causes serious physical injury to any person who is not a participant in the crime; or 2. Is armed with a deadly weapon; or 3. Uses or threatens the immediate use of a dangerous instrument; or 4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged. Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, robbery in the second degree, robbery in the third degree or any other crime. Robbery in the first degree is a class B felony.Read the full section at the New York State SenateIn everyday language
This offense requires forcible stealing and an alternative aggravating circumstance during the crime or immediate flight, involving serious injury, a deadly weapon, a dangerous instrument, or an apparent firearm. The statute provides a limited affirmative defense to the apparent-firearm alternative concerning whether the weapon was loaded and capable of discharging a shot readily capable of causing death or serious physical injury.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecutor must prove beyond a reasonable doubt that the person accused forcibly stole property.
- During the crime or immediate flight, the person accused or another participant must have met at least one of the following alternatives, proved beyond a reasonable doubt. The alternatives are not cumulative.
- Caused serious physical injury to someone who was not a participant in the crime.
- Was armed with a deadly weapon.
- Used or threatened the immediate use of a dangerous instrument.
- Displayed what appeared to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm.
- For the apparent-firearm alternative, the statute recognizes an affirmative defense that the weapon was not a loaded weapon capable of discharging a shot readily capable of producing death or other serious physical injury. This proviso does not itself provide a defense to, or preclude conviction of, second-degree robbery, third-degree robbery, or another crime.
Defenses that commonly apply
- What evidence establishes forcible stealing and places the alleged aggravating circumstance during the crime or immediate flight?
- Does the evidence establish the alleged serious injury to a nonparticipant, deadly weapon, use or threatened immediate use of a dangerous instrument, or apparent-firearm display?
- If the apparent-firearm alternative is charged, what evidence shows whether the weapon was loaded and capable of discharging a shot readily capable of causing death or serious physical injury?
Penalties and collateral consequences
A Class B Felony carries a maximum sentence of up to 25 years and a fine of up to $5,000.
Common questions about your defense
Can an unloaded firearm support a defense to first-degree robbery?
For the apparent-firearm alternative, evidence that the weapon was not loaded and capable of discharging a shot readily capable of causing death or serious physical injury may support the statutory affirmative defense. That defense does not itself defeat another first-degree alternative or bar prosecution or conviction for second-degree robbery, third-degree robbery, or another crime. The prosecutor must prove the charged offense's elements beyond a reasonable doubt, while the affirmative defense is a separate issue.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.