PL 160.10 · Article 160
Robbery in the Second Degree
This offense requires forcible stealing plus one of several alternative circumstances: help from someone actually present, injury to a nonparticipant, display of an apparent firearm, or theft of a motor vehicle. The injury or apparent-firearm display must occur during the crime or immediate flight, and may be attributed to the person accused or another participant.
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Text us immediately · (845) 290-2492Definition under New York law
PL 160.10 · Original statutory wording; excerpts must be read together with the full section.
§ 160.10 Robbery in the second degree.A person is guilty of robbery in the second degree when he forciblysteals property and when:1. He is aided by another person actually present; or2. In the course of the commission of the crime or of immediate flighttherefrom, he or another participant in the crime:(a) Causes physical injury to any person who is not a participant inthe crime; or(b) Displays what appears to be a pistol, revolver, rifle, shotgun,machine gun or other firearm; or3. The property consists of a motor vehicle, as defined in section onehundred twenty-five of the vehicle and traffic law.Robbery in the second degree is a class C felony.Read the full section at the New York State SenateIn everyday language
This offense requires forcible stealing plus one of several alternative circumstances: help from someone actually present, injury to a nonparticipant, display of an apparent firearm, or theft of a motor vehicle. The injury or apparent-firearm display must occur during the crime or immediate flight, and may be attributed to the person accused or another participant.
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; mere possession is not forcible stealing.
- The prosecutor must also prove at least one of the following alternatives beyond a reasonable doubt. These are alternatives, not cumulative requirements.
- The person accused was aided by another person actually present.
- During the crime or immediate flight, the person accused or another participant caused physical injury to someone who was not a participant.
- During the crime or immediate flight, the person accused or another participant displayed what appeared to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm.
- The stolen property was a motor vehicle as defined in Vehicle and Traffic Law section 125.
Defenses that commonly apply
- What evidence shows that the person accused forcibly stole property rather than merely possessed it?
- If assistance is alleged, was the other person actually present and providing aid?
- Which other alternative is alleged, and does the evidence establish the required injury and nonparticipant status, apparent-firearm display and timing, or qualifying motor vehicle?
Penalties and collateral consequences
A Class C Felony carries a maximum sentence of up to 15 years and a fine of up to $5,000.
Common questions about your defense
Can a second-degree robbery charge be challenged if no one was injured?
Lack of physical injury may undermine the injury alternative. It does not by itself defeat the separate alternatives involving an actually present helper, an apparent-firearm display, or a motor vehicle. The prosecutor must still prove forcible stealing and at least one applicable alternative beyond a reasonable doubt.
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.