Charged With Conspiracy To Commit Robbery In Essex County
If you were involved in planning a crime like a robbery, you can be fined and jailed just as if you were the most active participant in the offense. The reason for this is because New Jersey Law extends criminal liability under N.J.S.A. 2C:15-1 (“Robbery”) to anyone involved who conspires to commit the offense. This is what is commonly referred to as conspiracy to commit robbery. The only limitation in this regard is that you generally cannot be convicted of first degree robbery under a conspiracy theory unless it was your conscious object to assist in the commission of an armed theft. This is an important limitation in view of the fact that first degree robbery carries 10-20 years in prison as compared to 5-10 years for second degree robbery. If you have been charged with conspiracy to commit robbery, call our firm at 973-710-1520 to speak to an experienced defense attorney, possibly even a former Essex County Prosecutor.
How Does The Prosecutor Prove Conspiracy To Commit Robbery?
The following are the material elements that the state must prove in order to obtain a conviction for conspiracy. First, defendant must act with the purpose of promoting or facilitating the commission of a robbery. Second, there must be an agreement between the defendant and at least one other person to commit such a crime. Third, it must be an agreement for defendant or one of the other persons that they or one of them will commit, attempt or solicit the commission of the robbery or an agreement to aid such other person or persons in planning, committing, attempting or soliciting the robbery. The fourth element that the state must prove in is an overt act in pursuance of the conspiracy committed by one of the persons to the agreement.
What Happens If A Co-Conspirator Does Something That Was Not Agreed To?
Even if in your original conspiracy you did intended for certain crimes to be committed, you may still be criminally liable for those additional acts committed by your co-conspirator. In New Jersey, a co-conspirator may be liable for the commission of substantive criminal acts that are not within the scope of the conspiracy if they are reasonably foreseeable as the necessary or natural consequences of the conspiracy. Where the original conspiracy contemplated a burglary and theft of household currency, an armed robbery would be considered to be within the scope of the conspiracy to steal the currency from the household.
When the issue is whether the substantive criminal acts were within the scope of the conspiracy, the jury instructions will be difficult and fact sensitive. The jury must be told that they must consider whether the commission of the substantive crime is actually beyond the scope of the original conspiracy. If it was beyond the scope, the jury must then consider whether it was objectively foreseeable or was reasonably to be anticipated that the substantive crime would be committed in view of the obvious risks surrounding the attempts to execute the conspiracy. Then the jury must consider whether the substantive crime was committed in a manner that was too far removed or too remote from the objectives of the original conspiracy. Having a skilled attorney present can help ensure that the jury correctly analyze the jury instructions so as to protect your constitutional rights.
Newark NJ Conspiracy To Commit Robbery Defense Lawyers
Our Newark Law Firm is a unique in several respects. It is comprised of eight (8) criminal defense attorneys, something that is rare in both Essex County and the entire state. Many of the lawyers on our staff are former prosecutors, even from the Essex County Prosecutor’s Office. Our team will invest all of its resources and experience in order to achieve the best result on your charge should you choose to hire us. An attorney is available now to discuss your charge in a free initial consultation.