Armed robbery charges are some of the most serious indictable felonies in New Jersey. These criminal offenses should never be handled by the inexperienced or an attorney who cannot dedicate enough time or resources to your case. The County Prosecutor’s Office takes these charges very seriously and will normally prosecute robbery charges to the furthest extent allowed under the law. If you are found guilty of robbery you will face a presumption of incarceration and up to 20 years in state prison. A charge of armed robbery is going to be a tough uphill battle riddled with complicated issues and should be examined and litigated an experienced criminal lawyer. At Proetta & Oliver, our attorneys have handled thousands of criminal charges including numerous robbery cases. With our office conveniently located in Jersey City, we appear in court throughout New Jersey including Union City, Secaucus, North Bergen, Newark, Bayonne, West New York and Hoboken. If you would like to speak with an experienced robbery lawyer contact us at (201) 793-8018 for a free initial consultation.
2C:15-1 New Jersey Robbery Law
The statute for the crime of robbery in New Jersey, is listed below, in pertinent part, for your convenience
§ 2C:15-1. Robbery
a. Robbery defined. A person is guilty of robbery if, in the course of committing a theft, he:
(1) Inflicts bodily injury or uses force upon another; or
(2) Threatens another with or purposely puts him in fear of immediate bodily injury; or
(3) Commits or threatens immediately to commit any crime of the first or second degree.
b. Grading. Robbery is a crime of the second degree, except that it is a crime of the first degree if in the course of committing the theft the actor attempts to kill anyone, or purposely inflicts or attempts to inflict serious bodily injury, or is armed with, or uses or threatens the immediate use of a deadly weapon.
1st Degree Robbery
Serious bodily injury/attempt to kill or weapon used
10 – 20 years in prison; incarceration presumed
2nd Degree Robbery
Force or threat of force to commit a theft
5 – 10 years in state prison; incarceration presumed
Union City NJ Robbery Criminal Attorney
As the above statute illustrates, robbery is normally a 2nd degree indictable offense but it will be upgraded to 1st degree armed robbery if there is use of a deadly weapon or if the victim suffers “serious bodily injury”. Serious bodily injury is defined as any injury that has a substantial of risk of death or permanent disfigurement – including loss of limb or an organ. Moreover, a deadly weapon can include basically any weapon capable of producing serious bodily injury – typically the weapon is a gun or knife, however BB gun or imitation firearm are also commonly used. This is why robbery charges are normally accompanied with unlawful possession of a weapon, possession of a weapon with an unlawful purpose, aggravated assault, assault with a deadly weapon, or even kidnapping. In New Jersey, robbery falls under the No Early Release Act (NERA) which requires defendants to serve to a minimum mandatory term of 85% of the sentence imposed with no possibility of parole. Additionally, if a firearm is used in commission of the crime then the Graves Act will also apply and could require additional mandatory incarceration. However, not all robbery cases involve a gun or weapon at all – we refer to these a “strong-armed” robbery. For instance it is common for lesser offense such as simple assault or shoplifting to be upgraded to a second degree robbery (force + theft). At Proetta & Oliver we will challenge the state’s case against you to create leverage and negotiate your charges towards a downgrade or secure your admittance into Pre-Trial Intervention under certain circumstances. We represent clients charged with robbery throughout New Jersey including Harrison, Kearny, Montclair, Belleville, and Weehawken. If you or a loved one has been charged with robbery or another criminal offense in New Jersey, contact our Jersey City office anytime for a free initial consultation at (201) 793-8018.