Robbery Attorney in Westchester County

Former Westchester Prosecutors Defending Every Degree of Robbery Charge

A robbery arrest in Westchester County sets a criminal process in motion immediately. Because robbery is always a felony under New York law, the stakes at arraignment are real: mandatory prison minimums, a permanent criminal record, and a violent felony designation that follows you into future proceedings. The defense you build from the first hour shapes what happens next.

At Portale Randazzo LLP, our team includes former Westchester County District Attorney’s Office prosecutors who tried these cases from the other side of the courtroom. Richard Portale prosecuted in the elite Narcotics and Gangs Bureaus of the county DA’s office. James Randazzo served as an Assistant District Attorney in Westchester County from 1989 through 1995 and tried more than 30 cases to verdict. Michael Duffy served as Chief Investigator for the Westchester County District Attorney’s Office, leading a squad of 38 investigators across organized crime, financial crime, and public integrity cases. That combined inside knowledge of how Westchester prosecutors build and present robbery cases is the foundation of every criminal defense strategy we construct.

Speak with an experienced robbery attorney in Westchester County at Portale Randazzo LLP today. Call (914) 875-2065 or contact us online to discuss your case.

Robbery Under New York Penal Law Article 160

New York defines robbery as forcible stealing: using or threatening the immediate use of physical force during a larceny, whether to overcome resistance, retain property taken, or compel delivery of it. That definition, set out in New York Penal Law 160.00, is what separates a robbery charge from theft. All three degrees are felonies.

Third-Degree Robbery

A Class D felony covering forcible stealing without additional aggravating factors. This is the base charge when physical force is used, but none of the elevating circumstances below are present.

Second-Degree Robbery

A Class C violent felony. Prosecutors charge the second degree when the defendant was aided by another person present at the scene, caused physical injury to a non-participant, displayed what appeared to be a firearm, or stole a motor vehicle. The violent felony classification triggers mandatory minimum sentencing.

First-Degree Robbery

A Class B violent felony and the most serious degree. Charged when the defendant caused serious physical injury, was armed with a deadly weapon, used or threatened a dangerous instrument, or displayed what appeared to be a firearm. An affirmative defense is available at this level if the alleged firearm was not loaded and was not capable of producing death or serious physical injury. No comparable defense exists at the second-degree level.

Robbery charges are frequently accompanied by assault, criminal possession of a weapon, or criminal possession of stolen property charges. A misdemeanor theft can become a felony robbery the moment force is used. Prosecutorial discretion also plays a significant role in whether a case is charged as first or second degree when the underlying facts are close.

Sentencing Exposure for a Robbery Conviction in Westchester County

The ranges below reflect New York law for first-felony offenders. Prior felony history increases every number.

• Robbery in the Third Degree (Class D felony): Up to 7 years in state prison. No mandatory minimum for a first conviction. Probation or a conditional discharge may be available depending on the circumstances.
• Robbery in the Second Degree (Class C violent felony): Mandatory minimum of 3.5 years in state prison; maximum of 15 years. No probation or conditional discharge.
• Robbery in the First Degree (Class B violent felony): Mandatory minimum of 5 years for a first felony offender; maximum of 25 years. Sentences are served in a New York State penitentiary, not the Westchester County Jail.

Any conviction may also carry fines and a court-ordered restitution obligation. A first- or second-degree conviction results in a violent felony offender designation under New York law, which substantially increases sentencing exposure for any subsequent conviction.

How We Defend Robbery Charges

Robbery cases most often rest on eyewitness identification, surveillance footage, and physical evidence. Each is challengeable. Eyewitness identification is highly subjective, and courts recognize established grounds for contesting it. Surveillance video can be disputed for accuracy, chain of custody, and interpretation. Phone records and location data require their own scrutiny.

Beyond the evidence itself, every element of a robbery charge must be proven beyond a reasonable doubt. Defense strategies our robbery lawyers in Westchester County evaluate in each case include:

• Challenging whether the level of force was legally sufficient to constitute robbery rather than a lesser charge
• Disputing the identity of the perpetrator
• Contesting whether an alleged weapon qualifies as deadly or dangerous under the statute
• Asserting duress where the defendant acted under threat of harm to themselves or others
• Challenging the legality of the arrest or search that produced the evidence

Because Mr. Portale, Mr. Randazzo, and Mr. Duffy each spent years on the prosecution side, we know which evidence Westchester County prosecutors rely on most and where that evidence may be weakest. We don’t wait for a plea offer before building your defense. We prepare every matter for trial from day one, because the other side takes a case seriously when they know you’re ready to try it.

Why Clients Choose Portale Randazzo LLP for Robbery Defense in Westchester County

Our team brings over 150 years of combined legal experience. We represent clients throughout Westchester County, including White Plains, Yonkers, Mount Vernon, New Rochelle, Port Chester, Rye, Scarsdale, and Bronxville. Our robbery attorneys in Westchester County answer your questions plainly, explain every option available, and support your decisions at every stage. You maintain full control over how your matter proceeds.

Attorney Recognition and Awards

Richard Portale has been selected to Super Lawyers every year from 2018 through 2026, named to Hudson Valley’s Top Lawyers for 2021 and 2022, received the Americas Top 100 Attorneys Lifetime Achievement Award, and was named the American Institute of Trial Lawyers Litigator of the Year in Criminal Law for 2019. He has appeared as a legal commentator on Fox News, CNN, Dateline NBC, ABC News 20/20, CBS News 48 Hours, Good Morning America, The Wall Street Journal, and The New York Times, among others. Louis Fasulo is listed among America’s Top 100 Criminal Defense Attorneys, has been selected to Super Lawyers from 2018 through 2026, and has served as Director of Advocacy at the Elizabeth Haub School of Law at Pace University for twenty years, with adjunct faculty positions at Fordham, St. John’s, and Stetson University. Parker Bagley was named a Super Lawyer for more than 10 consecutive years.

Speak With a Robbery Lawyer in Westchester County Today

A robbery charge demands immediate attention. The earlier we can review the facts of your case, assess the evidence, and begin building a defense, the more options may be on the table. We offer initial in-office and virtual consultations and are available 24/7 for clients throughout Westchester County.