A robbery charge is an extremely serious criminal offense in New Jersey. Whether you are charged with a second degree crime or first degree crime under N.J.S. 2C:15-1, the penalties you face include a state prison term of at least five (5) years. An attorney experienced in robbery charges is an absolute must for anyone interested in having the best opportunity to avoid jail. At the Law Offices of Marshall, Bonus, Proetta & Oliver, which is located at One Gateway Center, Newark NJ, our criminal team includes lawyers who have handled countless robbery cases from both the defense perspective and prosecution. We have the skill set you need to effectively defend your charge. We also have extensive experience representing clients charged with aggravated assault, carjacking, burglary, theft by deception and receiving stolen property. You can reach our Essex County Criminal Defense Firm in Newark for a free consultation at 973-710-1520.
Armed Robbery Charges in Essex County NJ
Under NJ Law, the term robbery refers to an attempted or accomplished theft that involves one of three (3) varieties of violence. If someone uses force or inflicts injury while carrying out a theft, they are subject to a robbery charge. The same is true if the accused threats to cause harm to another in conjunction with the theft. The third way an individual is exposed to a N.J.S. 2C:15-1 offense is if they commit or threaten to commit a crime against the victim during the commission of the theft. In accordance with N.J.S. 2C:15-1, robbery is a second degree crime under normal circumstance. However, the charge escalates to a first degree crime if the defendant: (1) was armed; (2) threatened harm with a deadly weapon; (3) attempted or inflicted serious bodily injury; or (4) attempted to murder/kill.
In order for an individual to be charged with conspiracy to commit first degree robbery, the accused must share the purpose to promote or facilitate the crime under one of the four first degree circumstances previously set forth (e.g. use a deadly weapon). Thus, an individual may only be convicted of armed robbery if he or she purposely promoted or facilitate an armed robbery.
Use of Force
A mere snatching of a purse is not robbery. What is contemplated in the robbery law is that the defendant used physical exertion against the persons of another to accomplish the theft.
Armed With A Deadly Weapon
If someone possesses a firearm, knife, or the like, there obviously is no issue that a deadly weapon was utilized. However, where the nature of the object is not typically a weapon, whether it constitutes a “deadly weapon” hinges on how the defendant used or intended to use the object.
Belleville NJ Robbery Defense Attorneys
Jail Sentence & Other Penalties for Robbery
The state prison terms are different for robbery in the second degree versus first degree although the No Early Release Act (“NERA”) applies to both. For a second degree crime of robbery, the period of incarceration is 5-10 years. When robbery is a first degree crime, the prison term is 10-20 years. An individual is required to serve 85% of any robbery sentence imposed before they may be considered for parole. This is what is referred to as a mandatory minimum term. The maximum fine is $150,000 and $200,000 for second and first degree robbery, respectively. A robbery charge is ineligible for any form of diversion, for example, Pretrial Intervention.
South Orange NJ Robbery Defense Lawyers
Our lawyers and former prosecutors have the know how and diligence to provide the top flight representation you deserve. To schedule an appointment at our Newark Office or speak to an attorney immediately, call 973-710-1520. Initial consultations are always free of charge so do not hesitate to contact us if you need assistance.