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Criminal Defense

Attempted Aggravated Robbery

Nothing was taken, nobody was seriously hurt, and yet the charge reads attempted aggravated robbery or something close to it. People in that position often want to know how a robbery that did not happen can be treated so seriously.

Reviewed

01 GUIDE

Attempted Aggravated Robbery: what usually happens

Aggravated robbery is not a New York term

Some states, such as Texas, use aggravated robbery as a charge name for robberies involving a deadly weapon or serious injury. New York instead grades robbery by degree, so the same conduct here would appear as attempted robbery in a particular degree. If you saw the phrase in an out-of-state case, a news report, or an older record, the label may not match the New York charge in front of you. The degree matters because it affects the classification, the possible sentence, and whether the offense is treated as a violent felony. Reading the actual charging document is the place to start.

Where attempt begins

An attempt requires conduct that goes beyond preparation and comes close to committing the crime; planning or talking about it, without more, is usually a matter for conspiracy law rather than attempt. Whether the conduct crossed that line is often contested, especially when the evidence shows someone approaching a place or a person but stopping before any demand. At the other end, a case charged as an attempt can sometimes turn out to involve a completed robbery, because property moving even briefly can be enough. An attempt is generally graded below the completed crime, but an attempted armed robbery can still be a serious felony. Each of these questions depends heavily on the specific facts.

Evidence and first steps

Video, phone data, statements, and any recovered weapon or item usually form the core of the case. Identification is often contested, particularly when the encounter was brief. Avoid talking about the events with others who were present, and keep the case off social media. Tell your lawyer about anything that shows where you were or what you intended. Our review starts with the degree charged, the conduct the prosecution says crossed into an attempt, and whether the weapon allegation is supported.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

03 CASE RESULTS

Matters we have handled

Prior results do not guarantee a similar outcome.

05 HOW WE WORK

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06 OFFICES

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Attorney Advertising. This page is general information about attempted aggravated robbery and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.