1st, 2nd, and 3rd-Degree Robberies Explained for 2025 (State Laws & Sentencing)
1st, 2nd, and 3rd-degree robberies represent different degrees of robbery severity. 3rd degree robbery involves force to take the property, second degree robbery typically involves an accomplice, and first degree robbery is the most serious offense. All degrees can include jail time of up to 15 years.
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UPDATED: Jan 23, 2025
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UPDATED: Jan 23, 2025
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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1st, 2nd, and 3rd-degree robberies form the backbone of how the justice system categorizes different degrees of robbery crimes involving force or threats. For those wondering what third-degree robbery and other robbery degrees entail, these classifications depend on when someone takes property through intimidation or violence.
Understanding what first-degree robbery and lower degrees involve is crucial since robbery convictions can include jail time of up to fifteen years and probation. Enter your ZIP code to connect with experienced criminal law attorneys in your area who can explain your legal options.
- 3rd-degree robbery involves using force
- 2nd-degree robbery occurs when the crime is committed with an accomplice
- 1st-degree robbery involves causing serious injury to victims
Robbery Charges Explained: Degrees and Legal Consequences
A robbery occurs when a person forcibly takes property from another person. During a robbery, whether it’s first-degree armed robbery or lower degrees, the perpetrator often uses or threatens to use a firearm or other weapon. Penalties for armed robbery can include jail time of up to fifteen years and probation, and fines may also be imposed that can reach up to $20,000.
Most state statutes specify degrees of robbery based on the severity of the crime. Both second-degree robbery and first-degree armed robbery penalties will typically vary from prison time to probation according to these degrees, with 2nd-degree robbery often carrying different sentencing guidelines.
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Third-Degree Robbery
Robbery, in the 3rd degree, occurs when a criminal uses force or an offensive weapon to take a victim’s property. Most states classify this third-degree armed robbery as a felony of some type, with varying definitions of robbery of 3rd degree across jurisdictions.
Read More: Jurisdiction and Venue: Selecting the Right Court
In New York, robbery in the third degree is considered a class D felony and may result in up to seven years of jail time for the defendant upon conviction. Understanding the meaning of 3rd-degree robbery is important for legal defense.
Comparison of Robbery Degrees and PenaltiesDegree | Definition | Penalties | Key Elements |
---|---|---|---|
1st Robbery | Weapon use or severe injury | Long prison sentences (10+ years) | Weapon use, serious harm, violence |
2nd Robbery | Force or threat without weapon | Moderate prison time (5-10 years) | Force, threat, no weapon |
3rd Robbery | Minimal force or threat involved | Shorter sentences or probation | Minor force, no weapon used |
Other jurisdictions may not separate the types of armed robbery, specifically in New York. Still, they will instead include sentencing enhancements that add months to the prison sentence based on factors like the perpetrator’s history and criminal record.
Some of these enhancements raise the penalty if other crimes like an assault with a deadly weapon such as a firearm happened during a third-degree armed robbery.
Second-Degree Robbery
A person is guilty of 2nd-degree robbery if he commits the act with an accomplice present. Understanding the 2nd-degree robbery meaning includes cases where the perpetrator causes injury to an individual not involved in the crime or uses a firearm, knife, or other assault with a deadly weapon while committing the robbery.
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In New York, the penalty may include up to fifteen years of jail time. In California, second-degree armed robbery can carry a penalty of two to five years in prison. The crime also counts as a strike under the state’s three-strikes law.
First-Degree Robbery
A robbery charge is elevated to 1st-degree robbery when the robbery victim or someone else not involved in the crime is seriously injured. First-degree armed robbery may also take place if the perpetrator is armed with a dangerous weapon and threatens to use it against the victim.
In New York, a 1st-degree robbery offense is considered a class B felony and carries a maximum 1st-degree robbery sentence of twenty-five years imprisonment. California has two sets of guidelines for first-degree armed robbery.
If the crime was committed with more than one person and within a home or inhabited building, the sentencing range is three to nine years in state prison. Otherwise, the range is three to six years.
Other states may not differentiate degrees of theft crimes but rather degrees of felonies. For example, Florida uses a system based on first-, second-, and third-degree felonies. 1st-degree theft is considered a first-degree felony. Under Florida’s Ten/Twenty/Life laws, the sentence of a 1st-degree theft may be as severe as life in prison.
Read More: State Felony Trials
The best way to determine the exact penalty for armed robbery in a specific U.S. state is to check the state legislature website and consult a criminal defense attorney in your jurisdiction.
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Case Studies: Understanding Levels of Robbery
Understanding how many degrees of robbery there are and their real-world implications is crucial for legal professionals and the public alike.
Case Study 1 – John Smith:
John Smith was charged with third-degree robbery after forcefully taking a victim’s purse using a knife. Under New York law, this offense is classified as a class D felony and carries a potential jail time of up to seven years upon conviction. The severity of the crime was heightened due to the use of a deadly weapon during the robbery.
Case Study 2 – Emily Johnson:
Emily Johnson and her accomplice were found guilty of second-degree robbery. During the crime, they stole a car at gunpoint. In some states, such as California, car theft is automatically considered second-degree robbery. Emily and her accomplice were sentenced to two to five years in prison under California law.
Read More: What are the penalties and punishments for vehicle theft?
Case Study 3 – Mark Davis:
Mark Davis was charged with first-degree robbery after seriously injuring a store clerk during a robbery. He threatened the victim with a dangerous weapon, causing significant harm. In New York, this offense is considered a class B felony, with a maximum sentence of twenty-five years imprisonment. The severity of the injury and the use of a dangerous weapon elevated the charge to first-degree robbery.
These cases demonstrate the range of robbery or armed robbery sentences and other penalties across different jurisdictions.
Robbery Degrees and Sentences
Knowing 1st, 2nd, and 3rd-degree robberies is key to your defense. Whether you’re charged with 3rd-degree robbery, 2nd-degree robbery, or first-degree theft, the penalties are vastly different.
From basic 3rd-degree theft with force to aggravated robbery with weapons and the most serious 1st-degree robbery with serious personal injury, each level has its own consequences. If you’re facing robbery charges, enter your ZIP code to get an experienced criminal defense attorney to understand your rights and options.
Frequently Asked Questions
What is 3rd-degree robbery?
Third-degree robbery is the least severe robbery classification, involving force or threat to take property without weapons or serious injury.
What is first-degree robbery?
First-degree robbery is the most serious classification, involving causing serious injury to victims and/or using dangerous weapons during the crime.
Read More: What is a crime?
What is second-degree robbery?
Second-degree robbery typically involves theft with an accomplice present or causing minor injury to victims, falling between first and third-degree in severity.
How many years do you get for robbery?
Robbery sentences vary by degree and jurisdiction, typically ranging from 2-7 years for third-degree, 5-15 years for second-degree, and up to 25 years for first-degree. Enter your ZIP code now to connect with experienced robbery defense attorneys in your area.
What is robbery in the second degree?
Second-degree robbery occurs when the crime is committed with an accomplice or involves factors like minor injury or threat with a weapon.
How many years is armed robbery?
Armed robbery typically carries sentences of 10-15 years, though it can extend to 25 years or more depending on circumstances and jurisdiction.
What is theft in the second degree?
Second-degree theft involves stealing property of significant value (amount varies by state) or through specific means like deception or breach of trust.
What is theft in the 3rd degree?
Third-degree theft involves stealing property of lesser value (typically under $500-$1000, varying by state) without aggravating factors.
Read More: Theft Charges for First-Time Offenders
Is 1st or 3rd degree worse?
First-degree is always worse than third-degree in criminal charges. First-degree represents the most serious level of the crime with the harshest penalties. Enter your ZIP code to find qualified criminal defense lawyers near you who can protect your rights.
What’s the difference between 1st and 2nd-degree assault?
While technically outside robbery scope, first-degree assault typically involves intent to cause serious injury with a weapon, while second-degree assault involves less severe injury or reckless conduct.
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Michelle Robbins
Licensed Insurance Agent
Michelle Robbins has been a licensed insurance agent for over 13 years. Her career began in the real estate industry, supporting local realtors with Title Insurance. After several years, Michelle shifted to real estate home warranty insurance, where she managed a territory of over 100 miles of real estate professionals. Later, Agent Robbins obtained more licensing and experience serving families a...
Licensed Insurance Agent
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.