Contest the Allegations When Robbery Charges Are Filed
Robbery defense in White Plains and surrounding areas for allegations involving force or threat that carry violent felony sentencing exposure
Law Office of Michael D. Litman, PLLC represents clients accused of robbery when prosecutors allege the use of force or threat of force during the commission of a theft. You need defense counsel who understands that robbery is always charged as a felony in White Plains, New Rochelle, Harrison or a surrounding area, that the degree of the charge depends on factors such as injury, weapon use, and the number of participants, and that a conviction carries violent felony offender status with mandatory minimum prison sentences. The stakes are high, and the prosecution will rely on witness identification, victim statements, and any physical evidence recovered from the scene or during an arrest.
Defense strategy begins with a thorough review of identification procedures, including photo arrays and lineups, to determine whether the procedures were suggestive or unreliable. Eyewitness identification is often the weakest link in the prosecution's case, and defense counsel examines lighting conditions, witness opportunity to observe, time elapsed between the incident and identification, and any inconsistencies in witness statements. Law Office of Michael D. Litman, PLLC also investigates claims regarding weapon possession, injury severity, and whether the alleged force was sufficient to satisfy the elements of robbery under New York law. When the evidence supports it, defense counsel challenges the charges and pursues dismissal or reduction to a non-violent offense.
If you have been arrested or indicted for robbery in the White Plains area, contact Law Office of Michael D. Litman, PLLC to review the accusation and the evidence before any court appearance or grand jury proceeding.
Why Identification and Witness Credibility Are Central to Defense
Your attorney examines the circumstances under which witnesses observed the alleged incident, including the duration of the encounter, the presence of masks or other concealment, and the stress level of the witness at the time. Misidentification is a leading cause of wrongful conviction, and defense counsel uses cross-examination, expert testimony, and independent investigation to expose weaknesses in identification evidence. In cases where multiple witnesses provide descriptions, inconsistencies in height, weight, clothing, or other details are highlighted to undermine the reliability of the identification.
After representation begins, you will see a defense that includes motion practice to suppress identification evidence obtained through unduly suggestive procedures and to exclude statements made without proper Miranda warnings. Law Office of Michael D. Litman, PLLC prepares for trial by retaining experts when necessary, subpoenaing surveillance video from surrounding locations, and deposing prosecution witnesses to lock in their testimony. Aggressive courtroom defense strategy means challenging every element of the charge and holding the prosecution to its burden of proof beyond a reasonable doubt.
Representation also addresses bail and detention issues, because robbery charges often result in high bail or remand, and your attorney works to secure release or to argue for bail reduction at subsequent hearings. Preparation includes coordination with family members regarding bail resources and communication with pretrial services when supervision is a condition of release.
Clients charged with robbery often have urgent questions about the elements of the offense, sentencing exposure, and the defense options available.
Understanding Robbery Defense in New York Courts
The prosecution must establish that you forcibly stole property, meaning you used or threatened immediate physical force to overcome resistance or prevent someone from resisting the taking.
What must the state prove to convict someone of robbery?
First degree robbery, involving injury or weapon use, carries a mandatory minimum prison sentence of five years, while second and third degree robbery carry lower but still significant sentencing ranges.
How does the degree of robbery affect sentencing?
If the defense successfully challenges the force element, showing that the taking occurred without physical force or threat, the charge may be reduced to grand larceny, which is not classified as a violent felony.
When can a robbery charge be reduced to larceny?
Witnesses often view incidents under stress, at night, or from a distance, and these conditions reduce accuracy, making identification evidence vulnerable to challenge through cross-examination and expert testimony.
Why is eyewitness identification so frequently contested in robbery cases?
A violent felony conviction subjects you to enhanced sentencing if you are convicted of another felony in the future, including mandatory minimum prison terms under repeat offender statutes.
How does a violent felony conviction affect future sentencing in New York?
Law Office of Michael D. Litman, PLLC provides robbery defense with attention to identification procedures, witness credibility, and the courtroom advocacy required to contest serious felony charges. Contact the office to discuss your case and the steps that follow arrest or indictment in White Plains or a neighboring community.