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NY Penal Law § 160.05: Robbery in the Third Degree
Robbery in the third degree, NY Penal Law § 160.05, is the basic robbery charge: forcibly stealing property. Any theft where force is used, or threatened, to take the property or keep it can be charged as robbery, including shoplifting cases where there is a struggle at the door. It is a class D felony. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who defends robbery charges in Nassau County and Suffolk County courts.
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NY Penal Law § 160.05 at a glance
| Robbery in the third degree | |
|---|---|
| Statute | NY Penal Law § 160.05 |
| Charge level | Class D felony (non-violent) |
| Maximum prison term | Up to 7 years |
| Probation | Possible, because it is not a violent felony |
| Higher charge | Robbery in the second degree (PL 160.10), class C violent felony |
What NY Penal Law § 160.05 says
A person is guilty of robbery in the third degree when he forcibly steals property.
Robbery in the third degree is a class D felony.
Source: New York State Senate, official text. Read the full section, including any later amendments, before relying on it.
“Forcibly steals” is defined elsewhere in the Penal Law (section 160.00): using or threatening the immediate use of physical force to take property, keep it right after taking it, or force the owner to hand it over.
What the prosecutor has to prove
- You stole property.
- You used or threatened immediate physical force to take it, keep it immediately after taking it, or make someone give it up.
Penalties for third-degree robbery
| Outcome | What it means |
|---|---|
| Prison | Up to 7 years in state prison (class D felony). |
| Probation | Third-degree robbery is not on the violent felony list, so probation or a local jail sentence is possible. |
| Restitution | Repayment for property taken is usually part of any resolution. |
| Reduced outcome | Cases are often reduced to petit larceny, attempted robbery or another misdemeanor when the force was minimal. |
Charged with robbery?
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How third-degree robbery charges show up on Long Island
In about two years of Nassau County and Suffolk County arraignment records, about 34 people were arraigned on PL 160.05, about three quarters of them in Nassau County.
Many of these cases begin as shoplifting or a phone or bag snatch, and become robbery because of a push, a pull or a threat. When someone is injured, or another person helps, the charge usually becomes Robbery in the second degree (PL 160.10) instead.
In Nassau County, arrests are arraigned at the Nassau County District Court, 99 Main Street, Hempstead, NY 11550, across the street from our office. Felony cases that are indicted move to Nassau County Court, 262 Old Country Road, Mineola, NY 11501. In Suffolk County, arraignments are held at the Suffolk County District Court, First District, 400 Carleton Avenue, Central Islip, NY 11722. Indicted felony cases go to Suffolk County Court, Arthur M. Cromarty Criminal Court Complex, 210 Center Drive, Riverhead, NY 11901.
An example
A shopper is stopped by store security at the exit with unpaid merchandise and pulls free, pushing the guard aside, then runs. No one is hurt. The charge is PL 160.05 because force was used to keep the property. The defense looks at the video: was the push used to keep the goods, or just to get away from being grabbed?
Defenses to a PL 160.05 charge
- No force, or force not used to steal. Pulling away to escape is not always force used to take or keep property.
- Identification. Eyewitness identification and video quality are frequently at issue.
- Claim of right. A good-faith belief that the property was yours can defeat larceny, and so robbery.
- Reduction to larceny. When force is minor, the case may properly be petit larceny.
Related offenses
- Petit larceny (PL 155.25)
- Robbery in the second degree (PL 160.10)
- Robbery in the first degree (PL 160.15)
- Shoplifting in New York
NY Penal Law § 160.05: frequently asked questions
What is robbery in the third degree in New York?
Under Penal Law 160.05, robbery in the third degree is forcibly stealing property, meaning using or threatening immediate physical force to take or keep it. It is a class D felony.
Is robbery 3rd degree a violent felony?
No. Robbery in the third degree is not on New York’s violent felony list, so probation is a possible sentence. Robbery in the second and first degrees are violent felonies.
Can shoplifting become robbery?
Yes. If force is used to keep the merchandise, for example pushing a security guard, a shoplifting case can be charged as robbery in the third degree, or higher if someone is hurt or another person helps.
Can robbery 3rd degree be reduced to a misdemeanor?
Often, yes, particularly when the force was minimal. Common reductions include petit larceny or an attempted robbery charge.
How much does a lawyer cost for this charge?
Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation, so you know the cost up front.
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This is general information about New York law, not legal advice about your case. Laws change, and the right defense depends on the facts. Prior results do not guarantee a similar outcome.
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