New Jersey Robbery Arrest, Charge & Indictment
Criminal Defense Attorney & Former Prosecutor
Robbery is a very serious offense in NJ and requires a knowledgeable criminal lawyer if you have been arrested or indicted on this charge. If you have been charged with Robbery, the attorneys at our New Jersey criminal defense law firm, the Law Offices of Jonathan F. Marshall, can defend you anywhere in the state including Monmouth County, Middlesex County, Union County, Somerset County, Burlington County, Mercer County, Essex County, Ocean County, Hudson County, Bergen County, Passaic County and Morris County. Our staff of lawyers has over two decades of experience litigating criminal cases in New Jersey and includes a former prosecutor. Please do not delay in contacting our law office if you have been arrested, charged or indicted for Robbery. An attorney is available to speak to you immediately and you should not hesitate in contacting us as initial consultations with a criminal defense lawyer are free of charge. We believe you will find the following information helpful in understanding a New Jersey Robbery charge.
NJ Robbery Law
The New Jersey Robbery statute provides as follows:
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.
An act shall be deemed to be included in the phrase "in the course of committing a theft" if it occurs in an attempt to commit theft or in immediate flight after the attempt or commission.
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.
Explanation of New Jersey Robbery Law
The charge of Robbery is essentially an aggravated theft involving physical force or threats. The theft and physical force or threat must coincide in terms of timing, hence, the requirement in the statute requiring that the force be exercised "in the course of committing a theft". The force or threat of force may be exercised to obtain property, retain property, during flight, or to escape or prevent apprehension immediately following the robbery.
Three types of conduct undertaken during the course of a theft may give rise to a robbery charge or indictment: (1) bodily injury or use of force during the theft; (2) threatening or otherwise putting the victim in immediate fear of bodily injury; and (3) commits or threatens to commit a crime of the first or second degree during the course of a theft.
Robbery is typically a Second Degree Crime, however, it may be turn into a First Degree Offense under certain circumstances. A Robbery charge escalates from a Second Degree to First Degree Crime where an accused attempts to kill, inflicts serious bodily injury, or uses or threatens to use a deadly weapon during the course of a theft. Deadly weapons include a gun, firearm, or other weapon capable of producing death or serious bodily injury. It should also be noted that irrespective of whether an indictment for Robbery is First Degree or Second Degree in nature, the No Early Release Act applies. Accordingly, where an individual is convicted of Robbery, he shall be required to serve eighty five (85) percent of his term in jail before he shall be eligible for parole.
A charge or indictment for Robbery requires four elements: (1) the accused attempted or committed a theft; (2) the defendant threatened or used force during the course of the theft; (3) the force or threat of force occurred during the theft or flight from the theft; and (4) the accused acted intentionally.
An attorney from our law firm is available to assist you immediately. Our criminal defense lawyers are happy to answer your questions and address your concerns if you have been arrested for Robbery in Monmouth County, Ocean County, Middlesex County, Union County, Burlington County, Essex County, Somerset County, Hudson County, Bergen County, Passaic County, Mercer County or Morris County. Please do not hesitate to contact our New Jersey criminal defense law firm as a lawyer will consult with you without charge.