Is Robbery a Property Crime? New York Law Explained

Is Robbery a Property Crime? Legal Definition, Example & Penalty

Is robbery a property crime? No. Robbery involves taking property, but because it uses force or the threat of force against a person, it’s classed as a violent crime. A property crime, by definition, happens without force or a threat of force against the victim.

The confusion is understandable, because something is stolen in a robbery. The difference comes down to what happens to the person. Here’s how New York law treats it, including degrees and penalties.

Because criminal definitions vary from state to state, this guide focuses specifically on how New York law handles robbery.

Key takeaways

  • Robbery is a violent crime, not a property crime.
  • New York defines robbery as “forcible stealing.”
  • There are three degrees, from a class D felony to a class B felony.
  • First- and second-degree robbery are violent felony offenses in New York.
  • Using force to keep stolen goods just after taking them can count as robbery.

Is robbery a property crime under New York law?

New York’s Penal Law 160.00 says “Robbery is forcible stealing.” It applies when a person, while committing a larceny, uses or threatens immediate physical force on someone, to do one of two things:

  • Prevent or overcome resistance to taking the property, or to keeping it immediately after the taking.
  • Force the owner or another person to hand over the property, or to help with the theft.

So robbery combines two things: a theft and force. Without force or a threat of it, the crime is usually larceny instead.

Is Robbery a Property Crime? Legal Definition, Example & Penalty

Robbery vs. larceny, burglary, and assault

These crimes are easy to mix up. The easiest way to tell them apart is to ask what happened, and to whom.

CrimeWhat happensForce against a person?Type
LarcenyProperty is stolenNoProperty crime
BurglarySomeone unlawfully enters or stays in a building, intending to commit a crimeNot requiredProperty crime
RobberyProperty is stolen using force or a threatYesViolent crime
AssaultSomeone is injuredYesViolent crime

Our guide to what property crimes are covers larceny and burglary in more detail.

The three degrees of robbery in New York

New York has three degrees of robbery. The degree depends on factors such as injury, weapons, and whether someone helped.

DegreeWhen it applies (examples)Felony class
Third degreeForcibly stealing propertyClass D
Second degreeHelp from another person who’s present, causing physical injury, displaying what appears to be a firearm, or stealing a motor vehicleClass C
First degreeCausing serious physical injury, being armed with a deadly weapon, using or threatening a dangerous instrument, or displaying what appears to be a firearmClass B

Penalties for robbery in New York

Penalties depend on the degree, and on the person’s record. These are the basic ranges for a first-time adult felony offender sentenced to prison.

DegreeBasic prison termSource
First degree (class B violent felony)5 to 25 yearsPenal Law 70.02
Second degree (class C violent felony)3.5 to 15 yearsPenal Law 70.02
Third degree (class D felony)Up to 7 yearsPenal Law 70.00

Third-degree robbery isn’t on the list of violent felony offenses in Penal Law 70.02, unlike first and second degree. That’s a legal sentencing category, though. Crime statistics still count all robbery as violent crime. Prior convictions and other facts can change these ranges.

Keep in mind that these numbers reflect basic prison ranges for adult offenders—they don’t get into mandatory minimums, post-release supervision, probation options, or rules for youthful offenders.

Is Robbery a Property Crime? Legal Definition, Example & Penalty

Examples of robbery

Small details can change the charge. Here’s how the same theft can become different crimes.

  • Larceny: Someone slips a phone off a café table and walks away. No force is used, and no one is threatened.
  • Robbery: Someone grabs a phone from a person’s hand and shoves them when they hold on.
  • Robbery: Someone says “give me your wallet or I’ll hurt you.” No one needs to be touched, because the threat is enough.
  • Second-degree robbery: Two people work together at the scene—one stands right beside the victim to block or intimidate them while the other grabs the bag (under New York law, the second person has to be actually present).
  • First-degree robbery: Someone displays what appears to be a gun during the theft.

These are simplified examples. Real cases turn on the specific facts.

When shoplifting can become robbery

A theft can turn into robbery after the items are taken. New York’s law covers force used to keep property “immediately after the taking.”

So if a shoplifter leaves a store with goods and shoves an employee or guard who stops them, the case could be treated as robbery rather than larceny. This is why training matters for retail staff and loss prevention teams. Stopping a shoplifter can quickly turn into a physical confrontation.

Dahlcore saw how fast that line gets crossed during a site consultation for a midtown Manhattan retail shop. A few weeks before bringing the agency in, one of the store’s shift supervisors spotted a man stuffing jackets into a duffel bag and stepped in front of the exit to block him. The man lowered his shoulder, shoved the supervisor into a glass display case to get through the door, and ran. Nobody pulled a weapon, and the merchandise wasn’t worth thousands of dollars—but because he used physical force to keep the goods on his way out, NYPD treated it as a robbery instead of simple shoplifting. That’s the exact reason Dahlcore trains its retail teams—and advises client staff—never to play tug-of-war over merchandise.

How common is robbery?

Robbery is much less common than property crime, but it’s more frightening for victims. NYPD reports show 11,298 robberies in New York City through Nov. 1, 2026, down 12.4% from 12,894 at this point in 2025. That compares with 38,007 grand larcenies in the same period, according to NYPD’s citywide CompStat report.

Robberies aren’t evenly spread. See our guide to the most dangerous part of New York City for the precincts with the most.

Simple habits for everyday safety and peace of mind

You don’t have to live in fear to protect yourself. A few simple daily habits can lower your risk, reduce stress, and help you move through the city with more confidence:

  • Stay present in public: Keep your head up and save phone scrolling—or wearing both earbuds—for when you’re safely indoors or on a crowded train.
  • Keep valuables low-key: Avoid flashing expensive watches, jewelry, or thick wads of cash on the street or near ATMs.
  • Stick to busy, well-lit routes: Choose main streets with open businesses and steady foot traffic, especially late at night.
  • Trust your instincts: If a block, doorway, or person makes you uneasy, cross the street or step into a nearby shop without second-guessing yourself.

What to do if you’re robbed

Every situation is different, so always use your best judgment—but as a general safety rule, your personal safety matters far more than your property.

  1. Hand over what’s demanded, and don’t resist.
  2. Get to a safe place, and call 911.
  3. Note what you can remember, such as clothing and direction of travel.
  4. Cancel cards, and track or lock your phone.
  5. File a police report, and keep a copy.
Is Robbery a Property Crime? Legal Definition, Example & Penalty

How businesses can reduce the risk

Stores and other cash-handling businesses can lower the risk with a clear plan. A building security risk assessment is a good place to start.

  • Limit cash on site, and keep it out of view.
  • Keep sightlines clear at entrances and registers.
  • Train staff to put safety first during a robbery.
  • Consider retail security or commercial security.

A couple of years ago, a late-night convenience store owner in Queens brought Dahlcore in for a security assessment after a scary closing shift. Around 11 PM, a man walked up to the counter with one hand shoved deep inside his coat pocket, angled toward the cashier, and told him to empty the drawer. He never actually showed a gun, and nobody was touched—but the cashier did the right thing, handed over the cash, and called 911 as soon as the man left. Under New York law, simulating a weapon like that can still push a theft into serious felony robbery territory. When Dahlcore’s team walked the store the next day, they found the front windows covered in promo posters that blocked sightlines from the street, and the register still held a full day’s cash late at night. Clearing those windows, setting up regular cash drops, and putting a uniformed guard at the door during late hours completely changed the feel of the store.

Dahlcore officers are unarmed by default, and armed security is provided only on documented request after a risk assessment. Our loss prevention work is limited to observation and deterrence.

Frequently asked questions

Is robbery a type of property crime?

No. Robbery is a violent crime, because it involves force or a threat of force against a person. Property is taken, but the force puts it in the violent category.

Is robbery a felony in New York?

Yes. All three degrees of robbery are felonies in New York, ranging from class D to class B.

How long is a sentence for robbery?

For a first-time adult offender sent to prison, the basic range runs from up to 7 years for third degree to 5 to 25 years for first degree. Prior convictions can raise those ranges.

What’s it called when someone steals your property?

It’s usually called theft, or larceny in New York. If force or a threat is used, it’s robbery. If they enter your home or building unlawfully to commit a crime, it’s burglary.

What are the 7 types of property crimes?

There’s no single official list of seven. Common categories include burglary, larceny or theft, vehicle theft, vandalism, arson, shoplifting, and trespassing, though definitions vary by source.

What’s the difference between robbery and burglary?

Robbery involves force or a threat against a person. Burglary involves unlawfully entering or staying in a building to commit a crime, and no one needs to be there.

How we checked this guide

Legal definitions and penalties come from the New York State Senate’s copy of the Penal Law, and they were checked in November 2026. This guide is general information, not legal advice. Laws change, and outcomes depend on the facts, so speak with a licensed attorney about a specific case.

Get a security plan for your New York business

Robbery is a violent crime, and preparing for it helps protect your staff. Dahlcore provides security guard services across New York State.

We’re a licensed NYS security guard agency, veteran-owned, founded in 2018, and led by an owner with 23 years of security experience. Every client gets a customized plan, a named account manager, and access to 24/7 support through our command and dispatch center. Contact Dahlcore or browse our security services.

About the Author

Ian Dahlberg Avatar

Ian Dahlberg
Owner & Founder

Ian Dahlberg is the owner and founder of Dahlcore Security Guard Services, a veteran-owned company founded in 2018 and led by an owner with more than 23 years of security experience. He personally manages guards in the office and in the field, holding every officer to law-enforcement and military standards in professional conduct, communication, de-escalation, and client-facing service.

This post is reviewed regularly by the Dahlcore team to stay aligned with current New York security industry best practices and company standards.

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