There are only two forms of robbery, a first degree offense and a second degree offense. Given that, regardless of the degree of the offense, they both carry significant lengths of incarceration, you need the best representation that you can reasonably obtain in your defense. If convicted of robbery in the first degree in Morris County, New Jersey, a Defendant faces up to twenty (20) years in a State Prison and a fine up to $200,000. As if that wasn’t bad enough, the offense of robbery also falls under the No Early Release Act (NERA) which in essence requires any Defendant convicted of one of their enumerated offenses to serve at least 85% of their sentence before they can become eligible for parole.
If you or someone you know has been charged with a criminal offense like robbery, burglary, aggravated assault, stalking, theft by deception, identity theft, carjacking or credit card fraud the Law Office of Jonathan F. Marshall can help. Our office has over 200 years of combined experience on staff, including over twenty-five years of prior prosecuting experience as well. If you would like to set up a free initial consultation with any one of our eight Morris County criminal defense lawyers, please contact our Morristown Office at 973-309-7050. Now here is some key information on the offense of robbery, including what exactly the Morris County prosecutors office must prove beyond a reasonable doubt to obtain a conviction.
Jefferson NJ Robbery Defense Attorneys: N.J.S.A. 2C:15-1
Robbery is roughly defined under N.J.S.A. 2C:15-1 in the following manner: “A person is guilty of robbery if, in the course of committing a theft, he:
- Inflicts bodily injury or uses force upon another; or
- Threatens another with or purposely puts him in fear of immediate bodily injury; or
- Commits or threatens immediately to commit any crime of the first or second degree.
As read into this statue “in the course of committing a theft” means an act that occurs in an attempt to commit theft or in immediate flight after the attempt or commission of the theft. For example, if after the theft occurred, the actor were to hit the owner on the way out of the property, they will have committed a robbery.
There are a number of ways one might go about defending against this charge. First, they could try to argue that the prosecution cannot prove beyond a reasonable doubt, the burden of proof for the state in any criminal charge, that the force or threat of force was committed in the course of the committing a theft. This is essentially a timing argument in which your attorney would attempt to disprove or create doubt about the state’s timeline as to the commission of the crime. A second angle would be to argue that the force used was not sufficient so as to result in the infliction or threat of infliction of bodily injury. It is true that the force used need not leave a mark to be actionable, however, the force must be greater than that which is necessary to take the object from the victim’s grasp or the victim’s person. Put simply, the force must be directed against the victim, not merely the victim’s property.
Will I go to Jail if I am Convicted of Robbery in New Jersey?
Robbery is then typically a crime of the second degree. Second degree crimes carry with them the possibility of incarceration for up to 10 years, as well as fines of up to $150,000. In addition to this jail time and potentially crippling fines, the actor will also have to serve 85% of the jail sentence before being eligible for parole based on the fact that robbery is one of the crimes subject to the No Early Release Act (NERA). Robbery becomes a crime of the first degree where 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. First degree crimes are subject to up to 20 years of incarceration as well as fines of up to $200,000. In addition, like the second degree crime, the first degree offenses is also subject to NERA, meaning you would have to serve 17 years before being eligible for parole upon conviction.
Mount Olive NJ Criminal Defense Attorneys
Needless to say, these are pretty serious penalties and you cannot afford to have anything less than the best representation for you or your loved one before yours or their day in court. Here at the Law Offices of Jonathan F. Marshall, we believe that our 200 years of collective experience make us the best qualified to defend you in your time of need. So please, if you or a loved one has been charged with this serious crime in Morris County, in towns like Parsippany, Morristown, Boonton, Dover, Denville, Rockaway, East Hanover, or Mendham, do not hesitate to contact us today for a free consultation with an experienced attorney about the particulars of your case. We can be reached 24/7 at 973-309-7050.