Section 402 of the Penal Law defines robbery as follows: "A person who steals a thing and, at the time of the act or immediately before or after it, commits or threatens to commit an act of violence against a person or property in order to obtain the thing stolen or to retain it, or in order to prevent resistance to the stealing of the thing or to overcome such resistance."
What is the offense of robbery?
Section 402 of the Penal Law defines robbery as follows: "A person who steals a thing and, at the time of the act or immediately before or after it, commits or threatens to commit an act of violence against a person or property in order to obtain the thing stolen or to retain it, or in order to prevent resistance to the stealing of the thing or to overcome such resistance."
Unlike theft, which is carried out covertly and without confronting the victim, robbery is characterized by a direct violent confrontation with the owner of the property and taking it by force. This is one of the most serious offenses in the statute book, and the sentencing level for it reflects that.
The sentencing framework, four sections
Classic robbery (Section 402(a)) , committing a violent act or threatening to do so during a theft. Penalty: up to 14 years' imprisonment.
Robbery under aggravated circumstances, armed robbery (Section 402(b)) , exists in three circumstances: the robber is armed with a weapon or an instrument capable of endangering life (pistol, knife, screwdriver, club, brass knuckles); commission of the robbery by a group; injury, beating, or use of actual violence against the victim. Penalty: up to 20 years' imprisonment.
Attempted robbery (Section 403) , assaulting a person for the purpose of robbery without succeeding in obtaining the property. Penalty: up to 7 years' imprisonment. If the attempt was carried out under aggravated circumstances, weapon, group, violence, the penalty increases to up to 20 years' imprisonment, identical to completed robbery.
Demanding property by threats (Section 404) , an offense parallel to robbery, slightly less severe in its gravity. Penalty: up to 10 years' imprisonment.
What is the difference between attempted robbery and completed robbery?
Attempted robbery occurs when the offender attacks the victim in order to obtain the property, but fails. For example, the victim defends his property and himself, and the offender does not manage to take it from him. The legislature views attempted armed robbery as posing the same danger as completed robbery, and therefore the punishment is also the same.
The investigation, the stage that determines everything
The offense of robbery is one of the most serious in the law book, and accordingly, an investigation on suspicion of robbery may lead directly to prolonged detention. Police investigators are especially skilled in these cases and use sophisticated interrogation tactics: "You were filmed at the scene," "We have your fingerprints," "There are eyewitnesses." Police investigators are permitted to lie to the suspect. Not knowing your rights may lead to a slip of the tongue that will serve as key evidence against you.
An apparently innocent question, "Were you on X Street last night?", is dangerous in two directions: an admission strengthens the connection to the scene; a denial that turns out to be false strengthens the suspicions. Before giving any version, consult a criminal defense lawyer.
Indictment for the offense of robbery
Robbery cases under aggravating circumstances and robbery by a group are usually conducted in the District Court, the instance that hears the most serious cases. The defendant has the right to review the evidence and to be represented. The earlier you turn to a lawyer, the greater the chance of reducing the damage, whether by challenging evidence, building a defense line regarding intent, or a plea bargain that avoids a sentencing range of years.
Legal representation in robbery cases
Robbery cases are among the most complex, a combination of violence, intent, multiple participants, and sometimes eyewitnesses. Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents suspects and defendants in robbery and serious violence offenses. Familiarity with how robbery cases are built from the prosecution's side, what they look for, which evidence is decisive, and where it can be attacked, is what makes the difference. Contact us for an initial consultation without obligation before giving a statement.
What is the offense of robbery?
Section 402 of the Penal Law defines robbery as follows: "A person who steals a thing and, at the time of the act or immediately before or after it, commits or threatens to commit an act of violence against a person or property in order to obtain the stolen thing or retain it, or in order to prevent resistance to the stealing of the thing or overcome it." Unlike theft, which is carried out covertly and without confronting the victim, robbery is characterized by a direct violent confrontation with the owner of the property and taking it by force. This is one of the most serious offenses in the law book, and the sentencing threshold for it reflects that.
The sentencing framework, four sections — what is important to know?
Classic robbery (Section 402(a)), the commission of a violent act or a threat to commit one during a theft. Punishment: up to 14 years of imprisonment. Robbery under aggravating circumstances, armed robbery (Section 402(b)), exists in three circumstances: the robber is armed with a weapon or an instrument capable of endangering life (a pistol, knife, screwdriver, club, brass knuckles); the robbery is committed by a group; injury, beating, or the use of actual violence against the victim. Punishment: up to 20 years of imprisonment. Attempted robbery (Section 403), attacking a person for the purpose of robbery without success in obtaining the property. Punishment: up to 7 years of imprisonment. If the attempt was committed under aggravating circumstances, weapon, group, violence, the punishment rises to up to 20 years of imprisonment, identical to completed robbery. Demanding property by threats (Section 404), an offense parallel to robbery, somewhat less severe in its gravity. Punishment: up to 10 years of imprisonment.
The investigation, the stage that determines everything — what is important to know?
The offense of robbery is one of the most serious in the law book, and accordingly, an investigation on suspicion of robbery may lead directly to prolonged detention. Police investigators are especially skilled in these cases and use sophisticated interrogation tactics: "You were filmed at the scene," "We have your fingerprints," "There are eyewitnesses." Police investigators are permitted to lie to the suspect. Not knowing your rights may lead to a slip of the tongue that will serve as key evidence against you. An apparently innocent question, "Were you on X Street last night?", is dangerous in two directions: an admission strengthens the connection to the scene; a denial that turns out to be false strengthens the suspicions. Before giving any version, consult a criminal defense lawyer.
Indictment for the offense of robbery — what is important to know?
Robbery cases under aggravating circumstances and robbery by a group are usually conducted in the District Court, the instance that hears the most serious cases. The defendant has the right to review the evidence and to be represented. The earlier you turn to a lawyer, the greater the chance of reducing the damage, whether by challenging evidence, building a defense line regarding intent, or a plea bargain that avoids a sentencing range of years.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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