New Jersey Robbery Lawyer

Unlike simple theft, robbery is considered a violent crime in New Jersey. Anyone convicted of a crime of violence faces more prison time and higher fines.

If you are facing robbery charges in New Jersey, you need an experienced criminal defense attorney. Jason A. Volet knows New Jersey criminal law and understands how to identify weaknesses in the prosecutor’s case. An experienced lawyer, he has managed more than 4,000 criminal cases in 19 years as a prosecutor, defense attorney, and public defender. He and his team help clients understand their legal options and guide them through the legal process. Time is of the essence if you are accused of a violent offense. Contact us 24/7 for a free case review.

What Is the Difference Between Robbery and Theft Under New Jersey Law?

According to N.J.S. § 2C:20-3, theft occurs when someone unlawfully takes or exercises control over someone else’s property, intending to deprive the owner of it. The unlawful transfer of interest in someone else’s property for your benefit may also be charged as theft.

Robbery, as defined in N.J.S. § 2C:15-1, involves theft accompanied by violence or the threat of violence.

If someone does any of the following while in the act of theft, the individual may face criminal charges of robbery:

• Injures another person
• Uses force against another person
• Threatens someone with immediate bodily injury
• Puts someone in fear of serious bodily injury
• Commits or threatens to commit any first or second-degree crime

While theft is a property crime, robbery is a violent crime. Violent crimes carry harsh penalties upon conviction and are subject to the state’s No Early Release Act. Before being eligible for release, anyone convicted of robbery or armed robbery in New Jersey is required to serve 85 percent of their sentence. This underscores the importance of having an experienced NJ criminal defense lawyer who can provide an aggressive defense.

What Are the Elements of a Robbery Charge in New Jersey?

For a jury to convict someone of robbery under N.J.S. § 2C:15-1, prosecutors must prove the following two elements beyond a reasonable doubt:

• “In the Course of Committing a Theft” – Even if someone allegedly attempted to commit theft or fled after an unsuccessful attempt, they can still be charged with robbery in New Jersey.
• Engagement in Violent Act – The defendant must have inflicted bodily injury, threatened to inflict harm, put someone in fear of being harmed, or threatened to commit a first or second-degree crime.

Criminal convictions in New Jersey require the highest standard of proof to obtain a guilty verdict. If prosecutors can’t prove one of the elements beyond a reasonable doubt, the jury must return a not guilty verdict.

What Are the Different Grades of Robbery in New Jersey?

Generally, robbery, also known as strong-arm robbery, is a second-degree crime in New Jersey. However, it can be elevated to a first-degree crime of armed robbery if any of these aggravating factors apply:

• The defendant attempts to kill someone during the theft or flight.
• The defendant deliberately inflicts or attempts to inflict bodily injury.
• The defendant used, threatened to use, or carried a deadly weapon at the time of the offense. This also applies to an object that looks like a deadly weapon if the alleged victim believed that it was dangerous.

First-degree robbery carries more severe penalties, and your options in plea negotiations may be limited compared to second-degree robbery.

What Are the Penalties for a Robbery Conviction?

New Jersey has a presumption of incarceration for those convicted of robbery. That means even first-time offenders typically face a term of imprisonment, and probation or alternative sentencing is generally not an option.

The maximum penalties for robbery depend on the degree of the offense, and can include:

• Second-Degree Robbery – Five to 10 years in state prison and a $150,000 maximum fine
• First-Degree Robbery – 10 to 20 years in state prison and a $200,000 maximum fine

Aside from the immediate criminal penalties and a criminal record, a robbery conviction can have other severe consequences long after your release. They may include:

• Difficulty seeking employment, housing, or education
• Loss or revocation of professional licenses
• Damage to your reputation
• Immigration ramifications if you aren’t a U.S. citizen
• Prohibition on possessing or buying firearms

How Does the No Early Release Act Apply to Someone Who Has Been Convicted of Robbery in New Jersey?

The No Early Release Act (NERA) is codified in N.J.S. § 2C:43-7.2. Under the law, those convicted of robbery must serve at least 85 percent of their prison sentence before they are eligible for parole.

Both first- and second-degree robbery are subject to this law. Someone sentenced to five years for second-degree robbery must serve at least four years and three months in prison. For a 20-year first-degree robbery sentence, you must serve at least 17 years.

Any charge that falls under the NERA rule is high-stakes compared to lesser offenses. A skilled robbery defense lawyer will develop a strong defense and seek to have the charge reduced, if possible, to a lesser offense.

What Are Some Possible Defenses Against a Robbery Charge?

To build an effective strategy, your lawyer must investigate the specific circumstances behind your case.

Depending on the evidence, some of the possible defenses that can be used include:

• Lack of Intent – This defense argues that you did not intend to commit theft. Since theft is a required element of robbery, the prosecution cannot prove their case if this defense succeeds.
• Lack of Force or Threat – This defense argues that you did not use force or threaten to use force against the victim. If successful, you may have your charges reduced to simple theft, which is included among the disorderly persons offenses.
• Mistaken Identity – Eyewitnesses to a crime are not always reliable. A skilled robbery defense attorney may challenge police identification procedures and present alibi evidence to show the defendant was not at the location where the offense occurred.
• Coercion or Duress – If someone is forced to commit a robbery under threat of harm, they do not have criminal intent necessary for a conviction.
• Constitutional or Procedural Issues – If law enforcement violated your constitutional rights during the investigation or your arrest, the court may disallow the evidence obtained through an illegal search. This can weaken or undermine the prosecution’s case.

Contact a New Jersey Robbery Defense Attorney

You can trust New Jersey robbery defense attorney Jason A. Volet to defend your rights and dignity throughout the criminal justice process. As a former Monmouth County assistant prosecutor and certified Criminal Trial Attorney, Mr. Volet has years of experience working on both sides of the courtroom. He has defended clients accused of committing robbery, armed robbery, and other criminal offenses. His team has the resources necessary to thoroughly investigate what happened, present your side of the story, and seek a favorable outcome.

The earlier you contact a New Jersey criminal attorney, the better your chances of a fair outcome. Protect your future and contact The Law Office of Jason A. Volet for a confidential and free consultation.

Visit Our New Jersey Robbery Defense Law Offices