Which factor distinguishes NY Robbery in the 1st Degree from the 2nd Degree?

• A. Presence of another in aid
• B. Stolen a car
• C. Use of a weapon
• D. Causing injury

Answer: (C)

The important idea is that the degree of robbery in New York hinges on aggravating factors that occur during the crime. Robbery in the first degree is triggered by specific aggravators such as the use or immediate display of a weapon or dangerous instrument, the infliction of serious physical injury, or the presence of two or more offenders. Using a weapon is the clearest and most direct factor that elevates the crime to the first degree because it signals greater danger during the robbery, regardless of how much property is taken or whether injury actually occurs. The other factors listed don’t consistently mark the distinction: the presence of another person can matter in some first-degree cases but isn’t the universal trigger; stealing a car may occur in either degree; causing injury could be minor and wouldn’t by itself make it first degree unless the injury is serious, which is a separate criterion.