Defending Yourself Against Robbery Charges in New Jersey

Defending Yourself Against Robbery Charges in New Jersey

Oh boy, getting charged with robbery is scary stuff. As someone who’s been accused of robbery in New Jersey myself, I totally get how nerve-wracking this can be. But don’t freak out just yet—there are things you can do to defend yourself. I learned a lot going through my own case, so let me break down some of the basics for you.

First up: what exactly is robbery in New Jersey? Basically, it’s stealing property from someone by force. The main legal statute is N.J.S.A. 2C:15-1. There’s two degrees: first degree robbery involves serious bodily injury, and second degree is any robbery without that. Penalties are harsh, with first degree punishable by 10-20 years in prison. So this is serious stuff.

But don’t despair! There are defenses you can use to fight the charges. Here are some of the main ones:

You didn’t actually steal anything.

Sounds obvious, but if the prosecution can’t prove you took property, you should be acquitted. Poke holes in witness testimony, challenge evidence. Create reasonable doubt.

No weapon was involved.

Robbery requires force—if there was no weapon and no injuries, argue it was just an attempted theft. Way less serious.

You were misidentified.

Eyewitness testimony is unreliable. If you can show witnesses fingered the wrong person (i.e. you), that creates reasonable doubt.

You were falsely accused.

People lie sometimes, or honestly misremember events. Attack credibility of witnesses, highlight inconsistencies in accounts.

You were acting in self-defense.

If you only used force to protect yourself from harm, that’s justifiable. But you need evidence of a threat. [1] [2] [3] [4] [5]

You voluntarily gave back the property.

Returning stolen goods can show you didn’t intend to deprive the owner permanently. Helps mitigate.

You were under duress.

If you were forced to commit the robbery by threats of violence, you may have a duress defense.

Mental defect or illness

If you can show you were unable to understand your actions or tell right from wrong, you may be able to use an insanity defense.

See how there’s lots of ways to fight this? Now let’s talk strategy. Here are some tips:

• Get an experienced criminal defense lawyer. Seriously, don’t go it alone. A good lawyer knows how to build a strong defense.
• Challenge any shaky evidence. Don’t let bad evidence go unquestioned. File motions to suppress if needed.
• Undermine witness credibility. Use cross-examination to poke holes in testimony.
• Gather your own evidence. Alibis, character witnesses, expert testimony—anything to create doubt.
• Consider a bench trial. No jury means the judge decides your fate. Could be better odds.
• Explore plea bargains. Plead to a lesser charge for reduced punishment.
• Testify if you can. Tell your side of the story. Just be careful on cross-examination.
• Highlight mitigating factors. Like mental health issues, duress, no prior record. May help at sentencing.
• Appeal if convicted. Many cases get overturned on appeal due to errors or poor defense.

See, when facing criminal charges, knowledge is power. Learn your rights, know your options. And don’t rush into any plea deals before exploring defenses. The prosecution has to prove guilt beyond reasonable doubt—any doubt you can raise could tip the scales for acquittal.