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Defining Firearm In The Case Of Robbery in New York

Every day the cases of robbery can be deemed as numerous. In fact, every rep does not run out of such cases to handle for legal proceedings. According to the Penal Law, any individual can be considered guilty of robbery if he steals the property not his own with force. Also it involves the possible display of what seems to be a threatening tool like a pistol or any other kind of firearm. But did you know that even if you do not hold an actual gun and yet you somehow impose that you have one just to carry out your robbery plan can still convict you of the crime?

This is what was discovered with the case of Vincent K as researched by a New York grand larceny lawyer. Vincent admitted that he stole US money, jewelry, a wallet and subway tokens from Henry L last October 14, 1978. He stated in his testimony that to convince the victim to give him what he wants from him, he inserted his hand inside his pocket making it appear that he has a gun ready. But the truth of the matter is that he was actually unarmed. With the trial court ready to hear the plea, they are to decide whether the crime of robbery committed is in the second degree.

With the further analysis of an expert, there may be a difference with the terms ‘display’ and ‘appears.’ This means that Vincent may not actually displayed his supposedly firearm but he was successful in making the victim assume that he actually has a gun at hand. In the former details of the Penal Law, it was also emphasized that robbery set in the first degree is done by a person who is actually armed with a dangerous weapon.

But for the further support of another credible source, it was no mentioned whether the weapon was loaded or not; or even if it is still operable. If the firearm is not capable of harming or threatening the life of another, then one guilty of the crime must know that such act of carrying a dangerous weapon, if loaded, is still punishable by the law. This is because to let someone else know that you have a weapon can aggravate any circumstance between the accused and the victim.

Yes, in this case of Vincent K, the fact that he was not carrying any gun is harmless to any victim but it is still very terrifying for anyone to encounter. Other cases in sister states were reviewed too so as to end with the right judgment for this case. But in general, if one would consider the ‘fair import’ included in the New York statue along with the other objects of law, the conviction for Knowles should remain affirmed. Even if he was unarmed during the crime, he still was deemed harmful due to the impression he made that he was holding a gun to threaten the victim.

If you or any of your loved ones have suffered from a crime of robbery, there is no better step to take but to get the assistance of a New York robbery lawyer. It is not that hard to find the most credible one in the area that would assure you of winning the case if you would start searching for them in the office of Stephen Bilkis & Associates. Their office is situated in Corona, NY. It is only with the complete guidance of any of their New York grand larceny lawyers that you can be able to learn more about the legal proceedings of such crimes, no matter how petty they may seem to be.

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