What makes it armed
New York grades robbery by degree, and a weapon allegation, including displaying what appears to be a gun, can raise the degree. A claimed gun does not have to be found for the charge to be brought, because displaying something that looks like a firearm can be enough. New York also has a narrow defense tied to whether a displayed gun was actually loaded and operable; it lowers the degree rather than ending the case. Whether an object counts as a weapon at all is frequently argued. These distinctions often decide the sentencing exposure, which makes them central to armed robbery defense.
Identification and co-defendants
Eyewitness identifications can be affected by stress, lighting, distance, and the way a lineup or photo array was conducted, and the defense can challenge suggestive procedures before trial. Surveillance video, phone location data, and recovered property often fill in or contradict the eyewitness account. In cases involving several people, accomplice liability can make a person responsible for another's conduct, but it still requires proof of shared intent. Co-defendants sometimes cooperate with prosecutors, and their statements deserve careful scrutiny. Do not talk with co-defendants about the case, because those conversations can be used.
Early steps
Tell your lawyer about anything that could show where you were, such as receipts, transit card records, phone data, or people you were with. Do not post about the case or your whereabouts online. Bail and pretrial release questions come up immediately in a case of this kind, so information about your ties to the community matters from the first appearance. Our early review covers the identification procedure, the weapon allegation, and the physical and digital evidence. That review guides whether we focus on identification, on the degree charged, or on both.
