As a parent, I understand that it can be a near impossible task to monitor your child at all times. As our children enter high school, they may begin to associated with different kids and engage in different activities (illegal or otherwise). Before you know it, your receiving a phone call from the local police department informing you that your child has been arrested for being involved in a Robbery. As much as you want to say “this will never happen to my child”, you may very well be reading this because you find yourself in that exact scenario. If you or your child are charged with first degree robbery or second degree robbery, there is a real possibility that the juvenile will be sentencing to incarceration at a juvenile detention center for upwards of four (4) years. Speak with an attorney to determine the degree of your charges and what possible outcomes exist.
Second Degree Juvenile Robbery Defense Attorney in Toms River, NJ
Pursuant to N.J.S.A. 2C:15-1, second degree robbery requires that the Ocean County Prosecutor demonstrate beyond a reasonable doubt that:
That the defendant was in the course of committing a theft,
That while in the course of committing that theft the juvenile either (1) knowingly inflicted bodily injury or used force upon another; or (2) threatened another with or purposely put another in fear of immediate bodily injury; or (3) committed or threatened immediately to commit a crime any crime of the first degree or second degree.
First Degree Juvenile Robbery Charge N.J.S.A. 2C:15-1
In order for the court or jury to find your child guilty of robbery, the State is required to prove each of the following elements beyond a reasonable doubt:
That the Juvenile was in the course of committing a theft; and
That while in the course of committing that theft the juvenile:
knowingly inflicted bodily injury or used force upon another; or
threatened another with or purposely put him/her in fear of immediate bodily injury; or
committed or threatened immediately to commit the crime of the first degreeor second degree
That in the course if in the course of committing the theft the Juvenile either:
attempted to kill anyone, or
purposely inflicted or attempted to inflict serious bodily injury, or
was armed with, or used or threatened the immediate use of a deadly weapon.
How does the State Prove I Acted Knowingly?
A person acts “knowingly” with respect to a result of his/her conduct if he/she is aware that it is practically certain that his/her conduct will cause such a result. A person acts knowingly with respect to the nature of his/her conduct if he/she is aware that his/her conduct is of that nature.
Is a Robbery Charge for a Juvenile a Felony in New Jersey?
In Ocean County, New Jersey, robbery is either a first degree or second degree indictable offense (“felony”). This means that it will be transmitted to the Ocean County Superior Court for adjudication. Your matter will be heard by a Family Division Judge, unless the Prosecutor attempts to “waive you up” to be treated as an adult.
Will a Juvenile Go to Jail for Robbery in Jackson Township, NJ?
If the court determines you are guilty of first degree robbery and adjudicates you as a delinquent, then the Judge may sentence you to upwards of four (4) years of at a juvenile detention center. Alternatively, if a juvenile is found guilty of a second degree robbery charge, he or she will face up to three (3) years at a juvenile detention center. In those rare instances where the underlying offense crime involved violence or high degree of moral turpitude, the Prosecutor’s Office may petition to treat the juvenile as an adult. If that happens, then the period of incarceration jumps all the way up to between ten (10) and twenty (20) years in a New Jersey State Penitentiary for a first degree offense and five (5) to ten (10) years in a New Jersey State Penitentiary for a second degree robbery offense.
Juvenile Alternatives to Detention
The penalties listed above are ranges. This means that the judge will consider a variety of factors to determine what would be an appropriate sentence within the permissible range. Moreover, in those scenarios where detention at a juvenile center would not be in the best interest of the public of the defendant, the Judge may consider other alternatives. These alternatives may include court mandated drug or alcohol treatment, fines, community service or even probation. There are even diversionary programs that may be available to your child as a first-time offender that will allow them to avoid the proposect of delinquent adjudication and detention altogether. Call (848) 238-2100 to discuss the merits of your case with an experienced criminal defense attorney today.
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