Robbery in New York
Under New York Penal Law § 160, Robbery is forcible stealing. A person
forcibly steals property and commits robbery when, in the course of committing
a larceny, he uses or threatens the immediate use of physical force upon
Robbery can be in the first, second, or third degree, depending on the
specific circumstances. An immigrant should avoid a conviction for robbery
at any cost. Robbery is considered to be an aggravated felony, crime of
violence. There is generally no relief from deportation when there is
a conviction for an aggravated felony.
United States v. Galicia-Delgado, 130 F.3d 518 (2d Cir. 1997), the Court held that first degree robbery
under N.Y.P.L. § 160.15 is an aggravated felony, crime of violence
under 18 U.S.C. § 16(a). One element of the crime is forcibly stealing
property, which involves the use of force.
Perez v. Greiner, 296 F.3d 123, 126 n.5 (2d Cir. July 19, 2002), the Court held that a
conviction for second degree robbery in violation of N.Y.P.L. § 160.10(1),
is an aggravated felony under INA § 101(a)(43)(G).
Moreover, a conviction for attempted robbery is also considered an aggravated
United States v. Fernandez-Antonia, 278 F.3d 150 (2d Cir. Jan. 29, 2002), where the Court discussed the crime
of attempted robbery in the third degree, in violation of N.Y.P.L. §
110.00. See also
United States v. Rivera-Ramos, 578 F.3d 1111 (9th Cir. 2009).
Robbery in New Jersey
In New Jersey, Robbery is punished by 2C:15-1. A person is guilty of robbery
if, in the course of committing a theft, he: (1) Inflicts bodily injury
or uses force upon another; or (2) Threatens another with or purposely
puts him in fear of immediate bodily injury; or (3) Commits or threatens
immediately to commit any crime of the first or second degree.
N.J.S.A. § 2C:15-1 constitutes an aggravated felony as both a “crime
of violence” and a “theft offense.” 8 U.S.C. §
Briolo v. Attorney Gen. of U.S., 515 F. App’x 126 (3d Cir. 2013).
If you have been charged with robbery, you have to speak immediately a
criminal immigration lawyer
to assess your case.