New Jersey Robbery Charges Attorney
Robbery is a charge that results when a person commits a theft (steals) by using force or the threat of force against the victim. In New Jersey, Robbery, often referred to as Theft by Force is a serious crime that can result in up to 20 years in prison. If you or someone you love has been charged, indicted, or has received a criminal complaint, I can assist in your defense. My name is Anthony N. Palumbo, Former Prosecutor, Current Public Defender, and private practice defense lawyer in Union County. I have effectively helped individuals against Robbery charges in Union County for over 35 years by having charges dismissed, fines reduced, and jail time eliminated. Contact me today for a free initial consultation at 908-643-6801 to discuss your case and the various defense tactics that can be used on your behalf. I also defend all other Theft Crimes including Theft by Extortion, Theft of Services, Theft by Unlawful Taking or Disposition, Auto Theft, Identity Theft, and Theft of Property, Lost, Mislaid, or delivered by mistake throughout New Jersey including Monmouth County, Middlesex County, Union County, Essex County, Hudson County, Passaic County, Somerset County, and Ocean County.
NJ Robbery Law
Robbery is similar to other Theft Crimes except that it requires an additional element. Force or threat of force must be used against the victim during the course of the theft in order to obtain the property in question. Under N.J.S.A. 2C:15 -1. Robbery, a person is guilty of robbery if, in the course of committing a theft, he:
- Inflicts bodily injury or uses force upon another; or
- 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.
Penalties on Conviction
Robbery is generally a 2 nd Degree Crime, and if convicted, you will face 5 to 10 years in prison. However, in certain situations, Robbery can be upgraded to a 1 st Degree Crime which carries 10 to 20 years in prison. Robbery will be a 1 st Degree Crime if while committing the theft, the defendant also commits any of the following acts:
- Tries to kill anyone; or
- Purposely inflicts serious bodily injury on someone; or
- Tries to inflict serious bodily injury on someone; or
- Is armed with a deadly weapon; or
- Uses a deadly weapon; or
- Threatens the immediate use of a deadly weapon
What is a Deadly Weapon?
Robbery occurs when a person, while in the course of committing a theft, is armed, uses, or threatens the immediate use of a deadly weapon. Thus, the definition of a deadly weapon is important because if a weapon does not fall within the confines of the definition of “deadly weapon,” the charge of Robbery may be dismissed. Under New Jersey Law, a deadly weapon is any weapon that is capable of producing death or serious bodily injury. Examples of common deadly weapons include knives and firearms.
I did not use force until after the theft. How can I be charged with Robbery?
Under New Jersey law, in order for a theft to constitute a robbery, the actor must use force or threat of force during the commission of the theft. Thus, the theft and the force must occur at the same time. The trick is that the definition of when the Theft occurs is very wide. It begins upon the first overt act in furtherance of the theft and does not end until the defendant is arrested or reaches a safe place and is no longer in flight. This means that if a person does not use force when stealing the property, but does use force while fleeing the scene of the crime, under the law the theft and force has occurred at the same time.
What is the No Early Release Act?
The No Early Release Act is a law in New Jersey that applies on conviction of certain crimes, including Robbery. The Act mandates that when a person has been convicted of Robbery, that person must serve 85% of his prison sentence before becoming eligible for parole. For example, if a person is sentenced to 10 years in prison, that person must serve 8.5 years before becoming eligible for parole.
Still have questions? Contact me, Anthony N. Palumbo, New Jersey Robbery Defense Lawyer for more information about your Theft Offense at 908-643-6801 . I will provide you with a free initial consultation by phone or in person at one of my two offices located on 190 North Avenue, Cranford, New Jersey 07016 and 740 Newark Avenue, Elizabeth, New Jersey 07208.
A charge of Robbery and the prospect of years behind bars can be tormenting, but as a former prosecutor of theft offenders, I will help you glide through this difficult process. I know how to rebut the prosecution’s offensive tactics, and I have spent the last several decades successfully dismissing and downgrading Robbery charges for my clients. Contact me today at 908-643-6801 for a free initial consultation by phone or in person at one of my two conveniently located offices. Together we will attack your charges head on so that you can move forward with your life.