Blog
An Overview of Robbery Laws in New Jersey
Contents
An Overview of Robbery Laws in New Jersey
Robbery is considered a serious crime in New Jersey. Let’s take a look at what defines robbery, penalties for conviction, and some things to know if you’re facing charges.
What Constitutes Robbery in New Jersey
In New Jersey criminal code robbery is defined as when, in the course of committing a theft, a person inflicts bodily injury or uses force upon another; 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.
So the key elements are:
- Theft – taking of property unlawfully from an individual
- Force or threat of force – physical harm or placing someone in fear
- During commission of theft – the use or threat of force happens while carrying out the theft
For example, this case upheld a robbery conviction when defendant pushed the victim and took his money after asking for change. The push constituted force used during the theft.
Degrees of Robbery in NJ
Robbery charges fall under different degrees in New Jersey depending on circumstances like:
- If a weapon was involved
- If the victim sustained injury
- Value of property taken
This determines how severe penalties may be. Degrees in order from highest to lowest include first degree, second degree, third degree.
Penalties and Sentencing Guidelines
Conviction penalties vary by degree but can include significant fines and lengthy prison sentences:
- First degree – 10-20 years in prison
- Second degree – 5-10 years in prison
- Third degree – 3-5 years in prison
Sentencing guidelines take other factors into account too like criminal history. Prosecutors often offer plea bargains with lesser charges to avoid trial especially for first-time offenders.
Defenses Against Robbery Charges
There are defenses that New Jersey courts have upheld against robbery charges, such as:
- Intoxication – if you were too impaired to form criminal intent
- Duress – if you were forced to commit the crime under threat
- Misidentification – arguing you are not the perpetrator
An experienced criminal defense lawyer can assess if any defenses apply in your case.
What to Do If You’re Facing Charges
Here are some tips if you’ve been accused of robbery:
- Remain silent and don’t try justifying actions to police
- Hire a criminal defense attorney as early in the process as possible
- Follow their advice about whether to take a plea bargain or go to trial
- Be completely honest with your lawyer about the incident
Robbery allegations should always be taken seriously in New Jersey. But an experienced attorney can argue defenses and negotiate for charges to be lowered when appropriate. Don’t hesitate to seek legal help.
I aimed to cover key aspects of robbery laws and process in NJ, but let me know if you need any clarification or have additional questions!