At O’Brien & Eggleston PLLC, our Albany criminal defense attorneys know that in New York, theft and robbery are both criminal offenses related to taking someone else’s property. Still, they differ in critical elements like force or the threat of force.
Here, our Albany County defense lawyers highlight the differences between theft and robbery in New York.
Theft in New York is often referred to as larceny. It involves unlawfully taking someone else’s property to deprive them of it permanently.
Theft does not involve the use of force or the threat of force against the victim. It typically occurs without confrontation with the owner of the property.
Theft/larceny includes shoplifting, pickpocketing, embezzlement, and stealing personal property without physically confronting the owner.
New York categorizes larceny into degrees based on the value of the stolen property, the type of property, and whether certain aggravating factors are present.
Penalties for theft/larceny can vary based on the degree of larceny and other factors. They may include fines, restitution, probation, and imprisonment.
Robbery involves unlawfully taking someone else’s property from their person or presence through force or the threat of force. It typically involves direct confrontation with the victim.
The key distinguishing factor in robbery vs. theft is the use of force, intimidation, or threats against the victim. This force can occur before, during, or after the theft.
Examples of robbery include snatching a purse from a person, using physical force to take someone’s wallet, or threatening violence to coerce the victim into handing over property.
Robbery charges in NY may be categorized into degrees based on factors like the presence of weapons, the severity of injuries inflicted, or the use of a getaway vehicle.
Robbery is generally considered a more serious offense than theft, and penalties are often more severe. Penalties can include fines, restitution, probation, and substantial imprisonment.
It is important to note that the specific charges and penalties for theft and robbery can vary based on the circumstances of the case and the applicable New York statutes, the individual’s criminal history, and other aggravating or mitigating factors.
If you face theft or robbery charges in New York, contact our Albany criminal defense attorneys at O’Brien & Eggleston PLLC today by calling (518)-391-2369 or online to schedule your initial appointment. We have a strong track record of producing real results for our clients. See how we can pursue a positive outcome for your case.
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