In NY, what is an affirmative defense to robbery?

• A. The weapon used was unloaded or not functional
• B. The weapon used was loaded
• C. The victim consented
• D. The suspect was under 18

Answer: (A)

Affirmative defenses to robbery often hinge on whether the weapon used qualifies as a dangerous instrument. If the weapon is unloaded or not functional, it cannot be considered a dangerous instrument. That matters because the more serious degree of robbery hinges on the offender’s use or display of a dangerous instrument. When the instrument isn’t capable of inflicting harm, the element that elevates the crime to a weapon-enhanced robbery drops away, so the defendant can be defended against that enhanced charge. The act of taking with force can still be robbery, but without the dangerous instrument element, the charge is less severe.

The other ideas don’t fit as defenses here. A loaded weapon supports the dangerous-instrument element, not defeats it. Victim consent doesn’t negate robbery because force or the threat of force is part of how robbery is established. And age can affect punishment or treatment, but it isn’t an affirmative defense that negates the robbery offense itself.