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NY Penal Law § 160.15: Robbery in the First Degree
Robbery in the first degree, NY Penal Law § 160.15, is forcibly stealing property while you or someone with you causes serious physical injury, is armed with a deadly weapon, uses or threatens a dangerous instrument, or displays what appears to be a gun. It is a class B violent felony, one of the most serious charges in the Penal Law. 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 § 160.15 at a glance
| Robbery in the first degree | |
|---|---|
| Statute | NY Penal Law § 160.15 |
| Charge level | Class B violent felony |
| Prison range | 5 to 25 years (determinate) |
| Most common on Long Island | Subdivision 3 (dangerous instrument) and subdivision 4 (displaying what appears to be a firearm) |
| Lesser charges | Robbery in the second degree (PL 160.10) and robbery in the third degree (PL 160.05) |
What NY Penal Law § 160.15 says
A person is guilty of robbery in the first degree when he forcibly steals property and when, in the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime:
1. Causes serious physical injury to any person who is not a participant in the crime; or
2. Is armed with a deadly weapon; or
3. Uses or threatens the immediate use of a dangerous instrument; or
4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged. Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, robbery in the second degree, robbery in the third degree or any other crime.
Robbery in the first degree is a class B 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 using force or the threat of immediate force.
- During the robbery or the escape, you or another participant did one of the four things in the statute.
- Under subdivision 4, the defense can prove the “gun” was not a loaded, working firearm, which reduces the charge to second-degree robbery.
Penalties for first-degree robbery
| Outcome | What it means |
|---|---|
| Prison | A class B violent felony: a determinate term of 5 to 25 years in state prison, plus post-release supervision. |
| Unloaded or fake gun | Under subdivision 4, proving the firearm was not loaded and operable is an affirmative defense to first degree, though second-degree robbery can still apply. |
| Youthful offender | Very limited for armed felonies, but may be available in some cases for people charged when young. |
| Pleas | Many cases resolve with pleas to lower degrees of robbery or other charges. |
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 first-degree robbery?
Call before your next court date. Consultations are free, in person at our Hempstead office or by video call or phone call. We answer 24/7.
How first-degree robbery charges show up on Long Island
In about two years of Nassau County and Suffolk County arraignment records, about 45 people were arraigned on PL 160.15, split between Nassau County and Suffolk County.
The most common versions were subdivision 3, using or threatening a dangerous instrument (often a knife), and subdivision 4, displaying what appears to be a firearm. Being armed with a deadly weapon (subdivision 2) and causing serious physical injury (subdivision 1) were less common.
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 person is accused of demanding money at a convenience store while holding something under their shirt that the clerk believed was a gun. Police find a toy pistol. The charge is PL 160.15(4). Because the “gun” could not fire, the affirmative defense applies to first degree, and the case can be reduced to second-degree robbery, which carries a lower range.
Defenses to a PL 160.15 charge
- Identification. Robbery cases often depend on eyewitness identification, line-ups and photo arrays, which can be unreliable.
- Unloaded or inoperable gun. An affirmative defense to subdivision 4.
- No forcible taking. The force must be used to take or keep property.
- Accomplice liability. Being present is not the same as participating.
- Suppression. Statements, identifications and physical evidence may be suppressed if obtained unlawfully.
Related offenses
- Robbery in the second degree (PL 160.10)
- Robbery in the third degree (PL 160.05), class D felony
- Criminal possession of a weapon in the second degree (PL 265.03)
- Assault in the second degree (PL 120.05)
NY Penal Law § 160.15: frequently asked questions
What is the sentence for robbery in the first degree in New York?
Robbery in the first degree under Penal Law 160.15 is a class B violent felony. A conviction as charged carries a determinate state prison term of 5 to 25 years, plus post-release supervision.
What if the gun was fake or unloaded?
For subdivision 4, displaying what appears to be a firearm, it is an affirmative defense that the gun was not loaded and capable of firing. That defense does not stop a conviction for second-degree robbery.
What is the difference between robbery 1st, 2nd and 3rd degree?
Third degree is any forcible stealing. Second degree adds an accomplice actually present, an injury, a displayed gun or a stolen car. First degree requires serious physical injury, being armed with a deadly weapon, using or threatening a dangerous instrument, or displaying what appears to be a gun.
Can robbery 1st degree be reduced?
Yes, cases are often resolved with pleas to lower degrees of robbery or other charges, depending on the evidence and the defendant’s background.
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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