The Penalties for Armed Robbery in New Jersey

So you or someone you care about got charged with armed robbery in New Jersey? That sucks. I know you’re probably feeling scared and overwhelmed right now. Getting accused of a crime is really stressful, even if you’re innocent.

Let me break down what an armed robbery charge means in NJ, the potential penalties, and some tips on finding a good defense attorney. I’ll try to explain this in simple terms, without too much legal jargon. My goal is to educate you on the law and your options, not freak you out even more!

What is Armed Robbery in New Jersey?

First, armed robbery is considered a very serious first-degree felony in NJ. That’s because it involves both theft and violence/weapons.

According to New Jersey law (N.J.S.A. 2C:15-1), armed robbery includes:

• Committing a theft (taking someone’s property without permission)
• Using force or threatening force while committing the theft
• Having a deadly weapon on you during the theft/force

The weapon part is what makes it “armed” robbery vs regular robbery. It doesn’t actually matter if you use the weapon or not. Just having it on your person during the alleged crime makes it a first-degree offense.

Some examples of armed robbery would be:

• Holding up a gas station with a gun and taking money from the cash register
• Mugging someone at gunpoint and stealing their wallet
• Breaking into a home while armed and taking jewelry, electronics, etc.

Pretty much any theft + weapon = armed robbery charge.

Penalties for Armed Robbery in NJ

Since armed robbery is a first-degree felony, it has severe penalties if convicted. We’re talking years in state prison and huge fines.

Specifically, the punishment for armed robbery in New Jersey includes:

• 10 to 20 years in state prison
• Up to $200,000 in fines
• Mandatory minimum sentence of 1/2 to 1/3 of the total sentence before parole eligibility

Because a weapon was involved, there is also a mandatory minimum 3.5 year prison sentence just for the weapons offense, per NJ’s strict gun laws. This is in addition to the robbery sentence.

So your total mandatory minimum could be 4.5 – 7 years before even being eligible for parole. That’s a long time!

Judges don’t have much discretion with first-degree crimes. The sentencing guidelines are pretty firm. You can’t get probation or “time served” awaiting trial. It will be years behind bars if convicted.

Defenses Against Armed Robbery Charges

The penalties for armed robbery in NJ are clearly harsh. But that doesn’t mean you’re doomed if accused. There are defenses that an experienced criminal defense lawyer may use to get charges reduced or dismissed.

Some common defenses in armed robbery cases include:

• You didn’t commit the crime – Mistaken identity or false accusations happen more than you’d think. Police also make errors sometimes. An alibi defense that places you elsewhere at the time of the crime could create reasonable doubt.
• The weapon wasn’t real – Using a toy gun or unloaded gun could potentially get the charges lowered to second-degree robbery if your lawyer argues you didn’t intend to harm anyone.
• You had no intent to commit theft – If the theft element is questionable, the charges could possibly get reduced to something like weapons possession or assault.
• Illegal police conduct – If evidence was obtained illegally through improper searches, coerced confessions, etc. your lawyer can file motions to suppress that evidence so it can’t be used against you.
• Intoxication – You can’t be found guilty if you were too impaired to form intent. Being high/drunk could therefore be a defense.
• Duress/Necessity – There are rare situations where committing a crime is excusable, like being forced at gunpoint or stealing food if starving.

Don’t lose hope. An experienced criminal defense attorney will thoroughly investigate your case to determine if any defenses could apply.

Finding a NJ Armed Robbery Lawyer

If you or a loved one is facing armed robbery charges, it’s critical to find an aggressive defense lawyer immediately. Never try to handle these serious felonies alone.

Some tips on hiring the best attorney:

• Find someone with experience specifically defending armed robbery cases in NJ. It’s not a time to go with the cheapest option. This is serious.
• Look for a former prosecutor on their team. It helps to have insight into how the prosecution works.
• Select a lawyer that makes you feel comfortable and gives you their full attention. You’ll be working closely.
• Be wary of lawyers making unrealistic promises or guarantees. No one can guarantee a dismissal or acquittal.
• Ask about their track record with armed robbery cases. How often do they get charges reduced or dismissed?
• Make sure they have resources to thoroughly investigate – investigators, forensic experts, etc.
• Find out if they go to trial often or prefer plea bargains. Both options have pros/cons.
• Be prepared for fees around $10k-$15k+ for an experienced attorney. Complex felonies ain’t cheap.

Do your research, ask questions, and trust your gut in choosing a lawyer. This decision can have life-altering impacts.

What Happens Next if Charged with Armed Robbery?

If you or your loved one gets arrested for armed robbery, here’s a quick overview of what to expect:

• You’ll be held in jail pending a bail hearing. Bail will likely be high given the serious charges.
• Within a few days, you’ll go before a judge who will formally read the charges against you and set bail. This is not the time to enter any plea.
• Hire a defense lawyer immediately! Don’t say anything to police without your lawyer present. Invoke your right to remain silent.
• Your lawyer will request and review evidence from the prosecution through the discovery process. This can take weeks/months.
• If there are any issues with the evidence or police conduct, your lawyer may file motions to get evidence suppressed or charges dismissed pre-trial.
• Otherwise, your attorney will negotiate with the prosecution for a plea deal vs taking the case trial. Over 90% of criminal cases end in plea bargains.
• If convicted after trial, you’ll proceed to sentencing where the judge formally imposes penalties within the statutory guidelines.

The legal process is slow. Armed robbery cases can take over a year to resolve even with an aggressive lawyer. But skilled defense attorneys get charges dropped or reduced every day, so don’t lose hope!

Conclusion

Sorry for the depressing info, but I hope this gave you a better understanding of armed robbery charges and penalties in NJ. The consequences are severe, but the right lawyer can help you or your loved one avoid the worst outcomes.

Don’t try to handle these first-degree felonies alone. Hire a knowledgeable defense attorney right away for a strong defense. And know there are options and hope, even when things seem bleak. Wishing you the very best!