Gun robbery question

[thecody]

What is the name of your state (only U.S. law)? ny

**nothisisnotsomethingIdidorwilldo-whywouldIdothat**

I'm interested. If somebody did a robbery with a gun but it wasn't a real gun, is it still charged the same as a gun robbery? If they shoot the gun during that, so then it's obvious that it's not a real gun, is it still charged the same?

 

[Proserpina]

What is the name of your state (only U.S. law)? ny

**nothisisnotsomethingIdidorwilldo-whywouldIdothat**

I'm interested. If somebody did a robbery with a gun but it wasn't a real gun, is it still charged the same as a gun robbery? If they shoot the gun during that, so then it's obvious that it's not a real gun, is it still charged the same?

It can be, yes. The threat is still present - the victim is still of the belief that some psycho is standing in front of him brandishing something that looks suspiciously like a gun.

As it pertains to NY: http://ypdcrime.com/penal.law/article160.htm

If it looks like a gun, and squawks like a gun, don't go brandishing one in public unless you're actually asking to be...well...you know

 

[Just Blue]

It can be, yes. The threat is still present - the victim is still of the belief that some psycho is standing in front of him brandishing something that looks suspiciously like a gun.

As it pertains to NY: http://ypdcrime.com/penal.law/article160.htm

If it looks like a gun, and squawks like a gun, don't go brandishing one in public unless you're actually asking to be...well...you know

Agree!! Just like if you sold a baggie of bakingsoda to a coke/crack head...you would still get charged as it was the real snuff.

 

[quincy]

What is the name of your state (only U.S. law)? ny

**nothisisnotsomethingIdidorwilldo ...**

^^^^ That is good to know.

 

[aardvarc]

And if police or a security guard or some random gun-toting citizen walking down the street happens to shoot the robber who is holding the not-real gun, the robber's death would still be real. Then the realness of the robber's gun ceases to matter.

 

[commentator]

I was on a jury in a case where a person was held up at gun point with a fake gun. They prosecuted the two defendants based upon "armed robbery" with all the frills because it was clearly demonstrated that this person they robbed did not know the difference between a real gun and a fake gun (and it was NOT by any means a realistic looking fake gun at all, IMHO) and was in fear for her life. One of the guys was convicted.

 

[Just Blue]

What is the name of your state (only U.S. law)? ny

**nothisisnotsomethingIdidorwilldo-whywouldIdothat**

I'm interested. If somebody did a robbery with a gun but it wasn't a real gun, is it still charged the same as a gun robbery? If they shoot the gun during that, so then it's obvious that it's not a real gun, is it still charged the same?

px hx**************..

 

[thecody]

It can be, yes. The threat is still present - the victim is still of the belief that some psycho is standing in front of him brandishing something that looks suspiciously like a gun.

As it pertains to NY: http://ypdcrime.com/penal.law/article160.htm

If it looks like a gun, and squawks like a gun, don't go brandishing one in public unless you're actually asking to be...well...you know

Thanks

"except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon
from which a shot, readily capable of producing death or other serious physical injury, could be discharged."

What does this part mean? Under 1st degree.

^^^^ That is good to know.

you KNOW quincy.

 

[quincy]

Thanks

"except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon
from which a shot, readily capable of producing death or other serious physical injury, could be discharged."

What does this part mean? Under 1st degree.

What that exception means is that someone who is charged with robbery in the first degree can use as a defense to the charge the fact that the weapon was not capable of causing physical harm to another. There was no risk to the victim of injury or death.

This can potentially work to get a first degree charge (which is a Class B felony) reduced to a second degree (Class C) or third degree (Class D) charge, with the corresponding lesser penalties.

Another defense to a first degree charge would be that the weapon used could not reasonably be seen as a dangerous weapon (e.g., a bright green and orange NERF gun).

you KNOW quincy.

I am pretty sure I know.

I hope all is going well with you, thecody.

 

[thecody]

What that exception means is that someone who is charged with robbery in the first degree can use as a defense to the charge the fact that the weapon was not capable of causing physical harm to another. There was no risk to the victim of injury or death.

This can potentially work to get a first degree charge (which is a Class B felony) reduced to a second degree (Class C) or third degree (Class D) charge, with the corresponding lesser penalties.

Another defense to a first degree charge would be that the weapon used could not reasonably be seen as a dangerous weapon (e.g., a bright green and orange NERF gun).

ok. Thanks. So you think a bb gun counts as risk of death/serious injury?

I am pretty sure I know.

I hope all is going well with you, thecody.

oh only pretty sure lol. I'm not this stupid.

Yeah, I'm good.

 

[quincy]

ok. Thanks. So you think a bb gun counts as risk of death/serious injury?

oh only pretty sure lol. I'm not this stupid.

Yeah, I'm good.

Here is a link to New York City's new, 2014, administrative code, section 10-131:
http://law.onecle.com/new-york/new-york-city-administrative-code-new/ADC010-131_10-131.html

New York does not mess around when it comes to guns (types that are legal, their possession, their registration). New York especially does not mess around when it comes to crimes involving guns.

Even the possession and sale of toy guns is strictly regulated, with the type of toy guns that are safe to own restricted to certain colors and styles.

A BB gun would fall under the type of gun that could be considered dangerous under New York laws.

Anyone who is arrested in New York City for a crime, where a gun was used during the commission of it, will want a good criminal defense attorney.


(I know you are not that stupid, thecody, and I am glad that you're not )

 

[HighwayMan]

Another defense to a first degree charge would be that the weapon used could not reasonably be seen as a dangerous weapon (e.g., a bright green and orange NERF gun).

I don't think this would fly anymore.

There are numerous firearms out there that are manufactured in crazy colors. Ever see a pink Glock? I have.

If someone pointed something like that at me it would be the last thing they would ever do.

 

[TigerD]

ok. Thanks. So you think a bb gun counts as risk of death/serious injury?

If you pulled it on me, yeah, it places you at significant risk of death or serious injury.

As for Highwayman's point, I recall reading a couple years ago that police were having problems because gang bangers were painting the tips of their guns orange.

DC

 

[quincy]

I don't think this would fly anymore.

There are numerous firearms out there that are manufactured in crazy colors. Ever see a pink Glock? I have.

If someone pointed something like that at me it would be the last thing they would ever do.

I suspected color alone would not be defense enough if the weapon could otherwise reasonably pass for dangerous, but thanks for confirming my suspicion.

I haven't looked at toy guns in a long time so I actually don't know what is being marketed to kids that would be considered legal under New York's laws. I just know the law specifies colors that are NOT okay (black, silver, grey).


edit to add: I just noticed your new "location," DC.

 

[thecody]

Here is a link to New York City's new, 2014, administrative code, section 10-131:
http://law.onecle.com/new-york/new-york-city-administrative-code-new/ADC010-131_10-131.html

New York does not mess around when it comes to guns (types that are legal, their possession, their registration). New York especially does not mess around when it comes to crimes involving guns.

Even the possession and sale of toy guns is strictly regulated, with the type of toy guns that are safe to own restricted to certain colors and styles.

A BB gun would fall under the type of gun that could be considered dangerous under New York laws.

Anyone who is arrested in New York City for a crime, where a gun was used during the commission of it, will want a good criminal defense attorney.


(I know you are not that stupid, thecody, and I am glad that you're not )

Thanks Quincy. Also yr PM box is full. lol.

If you pulled it on me, yeah, it places you at significant risk of death or serious injury.

Don't be so aggressive. I'm not about to.