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NY Penal Law § 160.10: Robbery in the Second Degree
Robbery in the second degree, NY Penal Law § 160.10, is forcibly stealing property when another person helps you, when someone is injured or a gun is displayed, or when the property is a car. Shoplifting cases can become robbery charges if there is a struggle with store security. It is a class C violent 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 § 160.10 at a glance
| Robbery in the second degree | |
|---|---|
| Statute | NY Penal Law § 160.10 |
| Charge level | Class C violent felony |
| Prison range | 3½ to 15 years (determinate) |
| Most common on Long Island | Subdivision 2(a): someone was injured |
| Next lower charge | Robbery in the third degree (PL 160.05), class D felony |
What NY Penal Law § 160.10 says
A person is guilty of robbery in the second degree when he forcibly steals property and when:
1. He is aided by another person actually present; or
2. In the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime: (a) Causes physical injury to any person who is not a participant in the crime; or (b) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or
3. The property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law.
Robbery in the second degree is a class C felony.
Source: New York State Senate, official text. Read the full section, including any later amendments, before relying on it.
What the prosecutor has to prove
- You stole property.
- You used or threatened immediate physical force to take it or keep it (“forcibly”).
- One of the aggravating facts applied: another person actually present helped you; someone outside the crime was physically injured; what appeared to be a firearm was displayed; or the property was a motor vehicle.
Penalties for second-degree robbery
| Outcome | What it means |
|---|---|
| Prison | A class C violent felony: a determinate term of 3½ to 15 years in state prison, plus post-release supervision. |
| Youthful offender | People charged as teenagers may be eligible for youthful offender treatment, which seals the conviction and lowers the sentence. |
| Pleas | Cases frequently resolve with a plea to a lower degree of robbery or to a non-robbery charge. |
| Other consequences | A violent felony record, restitution and immigration consequences. |
New York’s sentencing law for class B and C violent felonies is scheduled to change on September 1, 2027. Sentences for offenses before that date follow the current determinate-sentence rules.
Charged with robbery?
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How second-degree robbery charges show up on Long Island
In about two years of Nassau County and Suffolk County arraignment records, about 61 people were arraigned on PL 160.10, about 7 in 10 of them in Nassau County.
The most common version was subdivision 2(a), causing physical injury, followed by subdivision 1, being aided by another person actually present. Car robberies and displayed weapons were rare.
We regularly see second-degree robbery charged after a shoplifting where an employee was hurt during a struggle at the door. Those cases often have strong arguments that the force was not used to take or keep the property.
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
Two friends are leaving a store with unpaid items when a loss-prevention officer grabs one of them. In the scuffle the officer’s wrist is sprained. The arrest charge is PL 160.10, both because two people were present and because of the injury. The defense looks at the video: who used force, why, and whether the officer’s injury meets the legal definition of physical injury.
Defenses to a PL 160.10 charge
- No forcible taking. Force used to escape, not to take or keep property, may not be robbery.
- Physical injury. The law requires impairment of physical condition or substantial pain, which minor scrapes may not meet.
- Aided by another “actually present.” The other person must have been there and helping.
- Identification. Robbery cases often rest on eyewitness identification, which is frequently unreliable.
- Video evidence. Store and phone video often contradicts the complaint.
Related offenses
- Robbery in the third degree (PL 160.05), class D felony
- Robbery in the first degree (PL 160.15), class B violent felony
- Petit larceny (PL 155.25)
- Assault in the second degree (PL 120.05)
- Criminal possession of a weapon in the second degree (PL 265.03)
NY Penal Law § 160.10: frequently asked questions
What is robbery in the second degree in New York?
Under Penal Law 160.10, robbery in the second degree is forcibly stealing property when another person actually present helps, when someone is physically injured or what appears to be a gun is displayed, or when the property is a car. It is a class C violent felony.
What is the sentence for robbery 2nd degree?
A conviction as charged carries a determinate state prison term of 3½ to 15 years, followed by post-release supervision. Many cases resolve with reduced pleas.
Can a shoplifting case become a robbery?
Yes. If force is used to keep the property or escape with it, and an employee is injured or another person helps, the charge can become second-degree robbery.
Is youthful offender treatment available for robbery?
For people charged when they were young, youthful offender treatment may be available, which can seal the case and reduce the sentence. Eligibility depends on age and the facts.
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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