What are the Consequences of Robbery in New Jersey?

In the state of New Jersey, theft becomes robbery if the victim of the crime is subject to physical force or threat of harm. Robbery is a serious crime that can result in a variety of consequences, such as harsh fines, prison time, and a criminal record. It is because of this that those facing these charges should retain the services of an experienced New Jersey criminal defense attorney for assistance. 

What is Robbery?

Simply put, robbery is an aggravated theft crime. However, the injury caused or consequences tend to be more severe. Under New Jersey law, there are three types of conduct undertaken when theft is committed that turns it into a robbery offense. This includes:

• Inflicting bodily injury or other use of force during the theft
• Threatening or otherwise putting the victim in immediate fear of bodily injury 
• Committing or threatening to commit a crime of the first or second degree during the course of a theft, for example, inflicting serious bodily injury or death, or using or threatening to use a deadly weapon (armed robbery)

What are the Penalties of Robbery?

In the state of New Jersey, robbery is usually considered a second-degree crime. However, it can escalate to a first-degree crime if, when the crime is committed, the accused does the following:

• Attempts to kill someone
• Inflicts or attempts to inflict serious bodily injury on another
• Is armed with, or uses, or threatens to use a deadly weapon

If convicted of second-degree robbery, the offender can face five to 10 years in prison as well as a fine up to $150,000. First-degree robbery can result in 10 to 20 years in prison as well as a fine up to $200,000. In addition to this, robbery falls under the No Early Release Act. This requires the offender to serve 85% of their sentence before becoming eligible for parole. 

What are Defenses to Robbery?

The consequences of robbery are serious, which is why those facing these charges should retain the services of a skilled criminal defense attorney. With their help, the following defenses can be used for a case: 

• Police misconduct
• An alibi
• Mistaken identity
• False or unreliable witness testimony
• Lack of intent to permanently deprive the rightful owner of the property
• The defendant’s genuine belief in a right to the property
• Inability to establish the victim’s ownership of the property in question
• Inability to establish the defendant’s possession of the property
• Chain of custody issues with police or how the court handled the alleged stolen property or weapon used
• Any racial, ethnic, gender, or socio-economic bias that may take place

Contact our Firm

Kevin T. Conway is an experienced Bergen County criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need an aggressive criminal lawyer, contact The Law Office of Kevin T. Conway for a free consultation.