Armed Robbery Attorneys in Ocean County, New Jersey
Under New Jersey law, robbery is a very serious indictable offense. A robbery conviction is accompanied by a presumption of incarceration in state prison. The sentence on this conviction may range up to 20 years. Theft crimes are complicated matters and usually entail issues that must be litigated by an experienced criminal defense lawyer. William Proetta, our firm’s founding attorney, has handled a wide array of criminal and municipal charges, successfully defending clients from a number of robbery charges, in courts across New Jersey. With offices conveniently located in Toms River, our attorneys appear in court throughout Ocean County, New Jersey including Little Egg Harbor, Ocean Township, Manahawkin, Forked River, Pine Beach, Ocean Gate, Mantaloking, and Point Pleasant Boro. If you would like to speak with an experienced Ocean Counnty robbery defense lawyer contact us at (848) 238-2100 for a free initial consultation.
N.J.S.A. 2C:15-1 New Jersey Robbery Law
The statute for the crime of robbery in New Jersey, is listed below, in pertinent part, for your convenience
§ 2C:15-1. Robbery
a. Robbery defined. A person is guilty of robbery if, in the course of committing a theft, he:
(1) Inflicts bodily injury or uses force upon another; or
(2) Threatens another with or purposely puts him in fear of immediate bodily injury; or
(3) Commits or threatens immediately to commit any crime of the first or second degree.
b. Grading. Robbery is a crime of the second degree, except that it is a crime of the first degree if in the course of committing the theft the actor attempts to kill anyone, or purposely inflicts or attempts to inflict serious bodily injury, or is armed with, or uses or threatens the immediate use of a deadly weapon.
1st Degree Robbery
Serious bodily injury/attempt to kill or weapon used
10 – 20 years in prison; incarceration presumed
2nd Degree Robbery
Force or threat of force to commit a theft
5 – 10 years in state prison; incarceration presumed
Elements of an NJ Robbery Offense
1) Defendant committed a theft or attempted to commit a theft;
2) Defendant inflicted bodily injury, threatened to put in fear of bodily injury, or used force or threatened to commit any crime of the first or second degree;
3) Conduct occurred at the time of the [attempted] theft, or the immediate flight thereof;
4) Defendant acted purposely; even if bodily injury was inflicted recklessly.
Penalties for Robbery in New Jersey
As shown above, robbery may be upgraded to 1st degree armed robbery if it can be shown that the defendant attempted to kill, used the threat of a deadly weapon, or if the victim suffers “serious bodily injury”.
The phrase “serious bodily injury” applies to bodily harm that creates a substantial risk of death or causes serious and permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
The term “deadly weapon” applies to a firearm or other weapon or instrument capable of producing death or serious bodily injury. This includes an imitation firearm or BB gun. It is important to understand that the “weapon” need not be an actual weapon, but rather any object, that when used as a weapon, is capable of causing death or serious bodily injury.
Robbery charges are so severe, in fact, that a conviction is classified under the No Early Release Act (NERA). Therefore, if convicted, you will have to serve a mandatory minimum of 85% of the sentence imposed before being granted parole eligibility. It is also important to note that if a firearm is used, then the Graves Act will also apply and require additional mandatory incarceration.
Contact a Jackson NJ Robbery Attorney to Discuss Your Case
At the Law Offices of Proetta & Oliver, it is our experience that less severe crimes such as shoplifting or simple assault can quickly change into 2nd degree robbery charges. This occurs, for example, when during the commission of a shoplifting, force is used against a security guard. Another common example occurs during physical fights when money or a cell phone is taken from the victim. We represent clients charged with robbery throughout Ocean County and New Jersey, including in Jackson, Brick, Lakewood, Beachwood, South Toms River, Ship Bottom, Long Beach Township, Plumsted, and Tuckerton. If you or a loved one has been charged with robbery or another criminal offense in New Jersey, feel free to contact our Toms River office anytime for a free initial consultation with an experienced robbery defense lawyer at (848) 238-2100.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. All major credit cards are accepted.