PL 160.05 · Article 160
Robbery in the Third Degree
This offense requires forcibly stealing property, not merely possessing property or being involved in a confrontation. The prosecution must prove beyond a reasonable doubt that the person accused committed theft with the legally required force component.
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Text us immediately · (845) 290-2492Definition under New York law
PL 160.05 · Original statutory wording; excerpts must be read together with the full section.
§ 160.05 Robbery in the third degree.A person is guilty of robbery in the third degree when he forciblysteals property.Robbery in the third degree is a class D felony.Read the full section at the New York State SenateIn everyday language
This offense requires forcibly stealing property, not merely possessing property or being involved in a confrontation. The prosecution must prove beyond a reasonable doubt that the person accused committed theft with the legally required force component.
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 person accused stole property, with the underlying theft retaining its statutory meaning and requirements rather than meaning mere possession.
- The stealing was forcible within the statutory meaning of that requirement; force unrelated to the theft does not by itself establish forcible stealing.
- Theft and the required force component are cumulative requirements, not alternatives. The prosecution must prove each required element beyond a reasonable doubt.
Defenses that commonly apply
- What witness accounts or recordings identify the person accused as the person who forcibly stole the property?
- Do ownership, permission, and intent evidence establish statutory theft rather than mere possession or a non-theft transaction?
- What evidence establishes the legally required force component and its connection to the alleged theft?
Penalties and collateral consequences
A Class D Felony carries a maximum sentence of up to 7 years and a fine of up to $5,000.
Common questions about your defense
Can a third-degree robbery charge be challenged when a confrontation was separate from the alleged theft?
The supplied section requires forcible stealing, so a confrontation alone does not establish the offense. If the evidence does not establish the legally required connection between force and theft, that gap may support a defense. The prosecution must prove all required elements 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.
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