The defendant was charged and convicted of two counts of murder in the second degree and two counts of robbery in the first degree. This was because he was part of a frustrated robbery where the victim died from a gunshot wound to the neck. One of the testimonies in the hearing said the defendant was part of a group of about fifteen teenagers. They approached the the victim, before he could enter a grocery store. It appeared that the defendant was known in the area for shoplifting and selling what he got. The group waited while he was in the grocery. The crowd moved to the bleachers of a recreation center nearby. One of the teenagers showed off a gun to the group.
Less than an hour later, six of the teenagers went back near the grocery store, and the defendant announced he was going to snatch the victim’s bag. Two of the six left, saying they did not want any part of it. A short time later, the defendant went out of the grocery store and along with his three other companions attacked the victim. The defendant was able to get free and hit the victim with a can while holding him against a wall. He then got his bag and said nothing will be taken from him. A shot was fired, said a New York Criminal Lawyer, and the defendant ran with his bag and the four on his heels. People said they heard about six to eight shots at around the time of the chase. The police did not find a bag with clothing, but found a knit hat and sweatshirt near the grocery store.
The defendant argued that it is impossible to have an attempted robbery in the first degree because one of the requirements is an unintended result of causing physical injury when a robbery is committed. They said that the attempt to commit a crime with an unintended result is not recognized by the law. The court changed the charge to attempted robbery in the third degree.
The ruling was appealed against and the Court of Appeals in reviewing the case reversed the decision saying the law does not have the requirement of causing unintended be dependent on whether the robbery had taken place or not. The intention of robbery is already punishable by law and so is the foiled robbery. The incident of harming another while trying to or committing the robbery can also happen. They reversed the decision and found Mr. Miller guilty of attempted robbery in the first degree.
The law wants to determine the intention of the perpetrator when doing an act. If one intended to rob, even if it was successful or not meant a punishment by the law. A Bronx Criminal Lawyer knows there are additional actions that can make a crime’s severity increase, and that is provided for in the law.
If you are involved in a case of robbery, or you have been charged with sex crimes or theft, and you want to make sure your rights and actual intentions are seen by the court, you have a way to do it. Stephen Bilkis and Associates have experienced New lawyers who can present your case well as you may be entitled to a lesser charge. We have offices in Queens, the Bronx, Brooklyn, Staten Island, and Manhattan, New York to assist you. In Long Island, the offices are in Suffolk County and Nassau County and Westchester County. We will give you legal guidance and a free consultation. Call us now at 1-800-NY-NY-LAW.