In the Garden State, robbery can be classified as a first- or second-degree crime, both of which are indictable felonies. This means that these cases are adjudicated at the Superior Court in the county in which the alleged offense occurred. Since robbery is a felony, you can expect a lengthy prison sentence, substantial fines and significant post-incarceration prohibitions if you sustain a conviction. Armed robbery will earn you an even harsher sentence. For more information about armed robbery in New Jersey, please read on, then contact an experienced Mercer County armed robbery lawyer today.
What constitutes armed robbery in New Jersey?
In New Jersey, a robbery occurs when a person commits theft and a second act or threat of violence at the same time. Such a second act includes, but is not limited to, the following:
- Inflicting bodily injury or using force upon another person
- Threatening another person with or purposely putting them in fear of immediate bodily injury
- Committing or threatening to immediately commit any crime of the first or second degree
If a person commits one of those acts in the course of committing a theft, while attempting to commit a theft or while fleeing after committing a theft, the theft becomes robbery. Armed robbery includes all robberies committed using a deadly weapon, force or immediate threat of bodily injury. Armed robberies are first-degree crimes in the Garden State.
What are the consequences of an armed robbery in New Jersey?
First-degree robbery, which includes armed robbery, can lead to ten to twenty years in New Jersey State Prison. Along with a term of imprisonment, the defendant will also face a fine of upwards of $200,000. The Garden State strictly prohibits people convicted of armed robbery from owning or possessing weapons for the rest of their lives. Lastly, a conviction for armed robbery severely restricts your access to higher education and employment, retirement and pension benefits, it impacts your insurance rates, risks your immigrant status, limits your travel and leisure prospects, takes away your right to vote, damages your family relationships and more.
How do you defend against armed robbery charges?
Every case holds its own set of circumstances, upon which your defense will depend. Should the circumstances warrant it, your Mercer County theft lawyer may bring up the following issues:
- Mistake of Fact
- Mistaken identity
- Evidentiary issues
- Miranda Rights violations
- Speedy trial rights violations
- Your “intent” to commit a robbery
- Whether there was probable cause
- The reliability of eyewitnesses, especially if accounts conflict
- Whether you were really in “possession” of a weapon
- Violations in police procedure and protocol
- Your alibi
- Criminal Rules of Procedures issues
- Other violations of Constitutional Rights
Let us fight on your behalf by giving us a call today.
CONTACT A MERCER COUNTY CRIMINAL DEFENSE LAWYER
If you face a criminal matter, contact The Law Office of Douglas Herring to schedule your initial consultation.