Attempted Aggravated Robbery in New York: Legal Charges and Defense

Prosecutors must prove several essential elements beyond a reasonable doubt to secure a conviction for attempted aggravated robbery. First, the defendant must have possessed the specific intent to commit robbery, meaning they intended to take property by force or threat. Second, the defendant must have taken a substantial step toward committing the robbery, which demonstrates more than mere preparation or planning. Third, the defendant must have been armed with a dangerous weapon or instrument at the time of the attempt. These elements work together to distinguish attempted aggravated robbery from lesser property crimes and to justify the enhanced penalties associated with this felony charge.

New York law defines dangerous weapons broadly to include firearms, knives, explosives, and other instruments capable of causing serious physical injury. The statute also encompasses items that appear to be weapons or are used in a manner that suggests they are weapons. The presence of a weapon during an attempted robbery transforms the crime from a simple property offense into a violent felony, which is why prosecutors aggressively pursue these charges and why the penalties are substantially more severe.

Beyond the prison sentence imposed by the court, a conviction for attempted aggravated robbery carries significant collateral consequences that can impact your life for decades. You may lose the right to vote, possess firearms, or hold certain professional licenses. Many employers conduct background checks and will refuse to hire individuals with violent felony convictions. Housing discrimination is common, as landlords often reject applicants with serious criminal records. If you are not a U.S. Citizen, a conviction can trigger deportation proceedings and permanent bars to future immigration benefits or citizenship.

One of the most effective defenses to attempted aggravated robbery is to challenge whether the prosecution can prove you possessed the specific intent to commit robbery. If you were present at the scene but did not intend to take property by force or threat, you cannot be convicted of this crime. Similarly, if your actions did not constitute a substantial step toward committing robbery but were merely preparatory in nature, the charges may be dismissed or reduced. An experienced defense attorney will scrutinize the evidence to determine whether the prosecution's case is strong enough to prove these essential elements beyond a reasonable doubt.

Another critical defense involves challenging whether a dangerous weapon was actually present or whether the defendant possessed it. Eyewitness identification can be unreliable, and mistaken identity or misidentification of the defendant is common in robbery cases. Additionally, if the alleged weapon was not actually dangerous or did not meet the statutory definition, the charge may be reduced from aggravated robbery to simple robbery. Police procedures for obtaining identification and evidence must comply with constitutional standards, and any violations may result in suppression of evidence or dismissal of charges.