What constitutes armed robbery in New Jersey?

What Constitutes Armed Robbery in New Jersey?

Armed robbery is a very serious crime in New Jersey that involves the use of force or threat of force while committing a theft. If convicted, you could face many years in prison along with large fines. This article will explain what constitutes armed robbery under New Jersey law, the penalties you may face, and potential defenses.

What is Armed Robbery in New Jersey?

Under New Jersey statute N.J.S.A. 2C:15-1, armed robbery involves committing a theft while:

• Using force or inflicting bodily injury on the victim
• Threatening the victim with bodily injury
• Being armed with a deadly weapon
• Purposely attempting to kill the victim
• Purposely inflicting or attempting to inflict serious bodily injury

So armed robbery involves both the act of theft and an additional violent act or threat. The weapon can be anything defined as a “deadly weapon” under New Jersey law, which includes firearms but also any weapon capable of causing serious injury or death.

Penalties for Armed Robbery in NJ

Armed robbery is a crime of the first degree in New Jersey². This is the most serious type of crime you can be charged with. If convicted, you face:

• 10-20 years in New Jersey state prison
• Fines up to $200,000

In addition, armed robbery falls under New Jersey’s No Early Release Act (NERA). This means you must serve 85% of your prison sentence before being eligible for parole⁴.

You may also face additional penalties if the robbery involved carjacking, which can add up to 30 more years in prison⁵.

Defenses Against Armed Robbery Charges

There are several potential defenses if you are charged with armed robbery:

• You did not commit the robbery: The prosecution must prove beyond a reasonable doubt that you committed the crime. If you have an alibi or there is lack of evidence, the charges may be dismissed.
• No weapon was involved: If there is no evidence you used or threatened to use a deadly weapon, the charge may be reduced from first to second degree robbery.
• Duress or necessity: You may argue you only committed the crime due to an immediate threat, which could negate criminal liability.
• Intoxication: Evidence of intoxication could be used to argue you did not have the requisite intent to commit robbery.
• Misidentification: Eyewitness misidentification is a common cause of wrongful convictions. Your attorney can challenge questionable ID procedures.
• Illegal search and seizure: If evidence was obtained illegally by police, your attorney can file a motion to suppress it. This may result in charges being reduced or dismissed.

What Happens After an Armed Robbery Arrest?

If you are arrested for armed robbery, here is a basic overview of what you can expect:

• You will be taken to the police station for booking and processing. Your possessions will be confiscated.
• You will be fingerprinted and photographed. The police may attempt to interrogate you, but you have the right to remain silent until your attorney is present.
• The prosecutor’s office will decide what criminal charges to file against you. For armed robbery, this is usually first degree robbery but additional charges are possible.
• You will appear before a judge for setting bail. With violent crimes like armed robbery, bail is often very high. You may need to use a bail bondsman or pay cash bail to be released until trial.
• Your defense attorney will begin investigating the charges and building a defense strategy. This may involve interviewing witnesses, examining evidence, hiring experts, and filing motions.
• Further court dates will be scheduled, such as pre-trial conferences, motion hearings, and the trial itself. You must attend all required court appearances.
• Armed robbery cases can take many months to resolve. Your attorney may negotiate a plea bargain with the prosecution, or take the case all the way through trial.

Finding the Right New Jersey Armed Robbery Lawyer

If you are facing armed robbery charges, having an experienced criminal defense attorney is critical. A conviction can result in a lengthy prison term, so be sure to consult with a lawyer immediately. Look for an attorney who:

• Has extensive experience specifically with NJ armed robbery cases
• Has a proven track record of positive case results
• Will thoroughly examine the evidence against you
• Will aggressively defend you in negotiations and trial
• Will fight to protect your constitutional rights
• Will take the time to explain the legal process and your options
• You feel comfortable and confident working with

Armed robbery charges should never be taken lightly. But with an assertive legal defense, many options may be available to help reduce or dismiss your charges. Do not delay in finding skilled legal representation.

Conclusion

Armed robbery is one of the most serious criminal offenses in New Jersey, carrying up to 20 years in state prison. If you are facing charges, an experienced criminal defense attorney can analyze the evidence against you and build the strongest possible defense. Potential defenses include challenging eyewitness identification, contesting the weapon allegations, and arguing you acted under duress. While the penalties are severe if convicted, you maintain the right to legal representation and due process, which may lead to reduced charges or an acquittal. With the guidance of a knowledgeable attorney, it is possible to mitigate the charges and consequences you may be facing.

References

^[1] https://schneiderfreibergerlaw.com/criminal-law/theft-offenses/robbery-in-nj-n-j-s-a-2c15-1/

^[2] https://criminallawyerinnj.com/robbery-charges-in-new-jersey/

^[3] https://www.newjerseycriminallawattorney.com/theft-crimes/robbery-offense/

^[4] https://www.newjerseygunlawyers.com/armed-robbery-charges/

^[5] https://www.breslowlaw.com/theft-crimes/robbery-charges

^[6] https://www.criminallawyer-nj.com/violent-crimes/armed-robbery/