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What are the penalties for robbery in New Jersey?
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What are the penalties for robbery in New Jersey?
Robbery is a pretty serious crime here in New Jersey. If your convicted, it can totally ruin your life and prevent you from getting a job. Robbery charges are vigorously prosecuted, so you gotta be real careful if your facing them. Let’s break it down so you know what your up against.
How New Jersey law defines robbery
According to the New Jersey Criminal Code Section N.J.S.A. 2C:15-1, robbery is when you inflict bodily injury, use force, commit a 1st or 2nd degree crime, or threaten someone to put them in fear of immediate bodily harm – all during the course of committing a theft.
So basically, if you hurt someone or threaten to, while your in the process of stealing their stuff, that makes it a robbery charge.
The threat doesn’t even gotta happen during the actual theft. It can happen during your getaway, or after to help you escape or prevent being caught. Like if you punch someone after grabbing their bag.
Penalties for robbery in New Jersey
Robbery charges are divided into first-degree and second-degree crimes.
- Second-Degree Robbery – This is robbery without using a weapon. The penalty is 5 to 10 years in prison and up to a $150,000 fine.
- First-Degree Robbery – This is typically when a weapon is used during the robbery. The penalty jumps up to 10 to 20 years in prison and a fine of up to $200,000.
First-degree robbery charges happen if you do any of these during the theft:
- Attempt to kill someone
- Inflict or threaten serious bodily injury
- Commit another 1st or 2nd degree crime
- Use, threaten to use, or are armed with a deadly weapon
So if you have a gun or knife during the robbery, it automatically becomes a 1st degree charge.
No Early Release Act
Here’s the kicker – robbery crimes under the No Early Release Act require you to serve 85% of your prison sentence before being eligible for parole.
This applies whether its a 1st or 2nd degree robbery charge.
So if your convicted of armed robbery and get 10 years, you gotta serve at least 8 years and 6 months before parole. Harsh!
Defenses against robbery charges
Since robbery charges are so serious, you need an experienced criminal defense attorney to fight them. Here are some defenses they may use:
- You didn’t actually use force or threaten harm. Maybe it was just a misunderstanding or mistake.
- You had no weapon and did not intend to harm anyone.
- Mistaken identity – you weren’t the person who committed the robbery.
- You were coerced or under duress when you committed the crime.
- You were falsely accused by someone with an ulterior motive.
A good lawyer can look at the details of your case and build the best defense strategy. Don’t go it alone against robbery charges or you’ll get railroaded.
If a gun is used during the robbery, you’ll also get weapons charges. These have mandatory minimum prison sentences of at least 3.5 years under New Jersey’s Graves Act.
Carjacking is another serious charge, with penalties up to 30 years in prison. It’s considered a type of robbery too.
Shoplifting or theft can also be elevated to robbery if force or threat of harm is involved.
Bottom line
Robbery is not something to mess around with in New Jersey. Even a second-degree charge can ruin your life with 5+ years behind bars. And first-degree robbery under NERA is even worse.
So be smart – if your facing robbery charges, lawyer up immediately. An experienced attorney is your only shot at beating these things. Don’t wait, call one today for a free consultation and start building your defense. Your future depends on it!