What Are the Legal Defenses for Robbery in New York?

Robbery is a serious crime in New York, classified as a violent felony. The consequences can be severe, with significant prison time and hefty fines. However, individuals accused of robbery do have legal defenses available to them. Understanding these defenses can be crucial for anyone facing robbery charges.

1. Lack of Intent
A key element of robbery is the intent to permanently deprive the owner of their property. If the defense can prove that the accused did not have this intent, the charges may be reduced or dismissed. For example, if someone took property without intending to steal it, they might argue a lack of intent.

2. False Accusation
False accusations can occur in robbery cases, often rooted in misunderstandings or personal vendettas. An attorney can present evidence that suggests the accused is innocent, challenging the credibility of the accuser and demonstrating how the alleged robbery could not have happened as described.

3. Alibi Defense
If the accused can provide a credible alibi—proof that they were elsewhere at the time of the robbery—they may successfully defend against the charges. This can include witness testimonies, surveillance footage, or receipts that establish the accused's location.

4. Coercion or Duress
In some situations, a defendant may argue that they committed the robbery under duress or coercion. This means that they were forced to commit the crime due to immediate threats of violence or harm. This defense can be complicated, as it must be proven that the threat was credible and imminent.

5. Mistaken Identity
Mistaken identity is a common defense in robbery cases. Sometimes, witnesses may misidentify the robber due to stress or poor visibility. Defense attorneys may present compelling evidence, such as witness inconsistencies or the perpetrator’s physical description, to argue that the accused was not the person who committed the robbery.

6. Mental Incapacity
In some cases, defendants may argue that they were not mentally capable of understanding their actions at the time of the robbery. This defense typically requires psychological evaluation and expert testimony to establish that the accused suffered from a mental disorder that impaired their judgment.

7. Lack of Force or Threat
Robbery is defined by the use of force or the threat of force to take property. If the defense can demonstrate that no force was used, or that the accused did not threaten anyone, it may be possible to have the charge downgraded to larceny, which is a less severe offense.

8. Entrapment
Entrapment occurs when law enforcement induces a person to commit a crime they would otherwise not have committed. If successful, this defense can result in dismissal of charges, as it argues the accused was not predisposed to commit the robbery without external influence.

Understanding these legal defenses for robbery in New York is essential for anyone facing such charges. Consulting with an experienced attorney can help navigate the complexities of the legal system and develop an effective defense strategy tailored to the specific circumstances of a case.