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 another person.

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.

In 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.

In 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 felony. See 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. § 1101(a)(43)(F),(G). See 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.

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