NJ Robbery Defense Lawyers – Fighting Robbery Charges in New Jersey

Charged with Armed Robbery in NJ? Penalties and Defense for Robbery N.J.S.A. 2C:15-1

Robbery is one of the most frowned upon criminal offenses in New Jersey.  The punishments are severe, and will definitely change the course of someones life. Robbert is essentially a theft accompanied by the use of force (or the threat of force).

Robbery is either a first degree or second degree offense, depending on the alleged circumstances of the crime.  The “degree” of the charge determines the severity of the robbery penalties. A typical charge for robbery is graded as a second degree offense. However, there are factors that elevate second degree robbery to a first degree crime. For instance, if there was a weapon involved – armed robbery – this is a first degree charge in violation of N.J.S.A. 2C:15-1. Also, if someone is injured or threatened with injury during the course of the robbery, this is also grounds to upgrade to a crime of the 1st degree.

A first degree crime is the most serious you can face in New Jersey and is punishable by ten (10) to twenty (20) years in New Jersey state prison. A second degree offense, on the other hand, is punishable by five (5) to ten (10) years in jail.

Both these offenses have a presumption of incarceration which means that, even if you have no prior record, if you are convicted of a first degree or second degree robbery offense it is presumed that you will be sentenced to a prison (as opposed to probation).

Moreover, robbery offenses are governed by the No Early Release Act (known as “NERA”) which requires that a defendant serve 85% of their prison sentence before becoming eligible for parole.

I have a lot of experience in handling robbery cases, and I’m sure that I can tell you how we can fight yours.  Your best bet is to give my office a call for a free consultation on the matter.

Arrested for Robbery? Our Aggressive New Jersey Criminal Defense Attorneys can help you to potentially defeat your robbery charges.

The Tormey Law Firm has immense experienced handling robbery charges in New Jersey. Travis Tormey has represented clients for years charged with robbery, burglary, and theft in NJ.  With advanced defense strategies for this type of charge, he knows how to fight your case.

Contact our office anytime for a free consultation at (201)-556-1571 and we are happy to discuss your case.

The New Jersey Law Governing Robbery Charges – NJSA 2C:15-1

Governing Statute for Robbery: N.J.S.A. 2C:15-1

Robbery charges in New Jersey are governed by N.J.S.A. 2C:15-1 which provides in pertinent part:

§ 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.

What are the penalties for robbery in New Jersey?

Most robberies are second degree indictable (felony) crimes which are punishable by the following:

• 5-10 years in prison with a presumption of imprisonment
• Under the No Early Release Act (NERA) must serve 85% of prison sentence (violent crime)
• Fines up to $150,000
• Permanent felony on record

If the 2nd degree robbery is enhanced to a first degree robbery (armed, or attempts to kill anyone, or purposely inflicts serious bodily injury), the penalties are as follows:

• 10-20 years in prison
• Under the No Early Release Act (NERA) must serve 85% of prison sentence (violent crime)
• Fines up to $200,000
• Permanent felony on record

Potential Defenses to Robbery Charges in NJ

• The property was the defendant’s
• The defendant did not intend to steal the property
• There was no force used (essentially just a theft, not a robbery)
• Insanity
• Intoxication or Drug use (not an absolute defense but a mitigating factor)
• Plea negotiations
• Challenge a search warrant
• Challenge statements made by defendant (Miranda)

NOTE: Here is an example of a 2nd degree robbery case arising out of Fort Lee NJ in Bergen County where we were able to get the charges downgraded and dismissed for our very satisfied client.

Frequently Asked Questions (FAQ) Regarding Robbery in NJ

FAQ: Is robbery a serious charge? Yes, it is one of the most serious charges we have in NJ, either a first or second degree crime. And, because it is a violent offense, if a defendant is convicted they are facing the No Early Release Act (NERA) which means they must serve 85% of their prison sentence before becoming eligible for parole.

FAQ: Is robbery a felony? Yes, it’s an indictable (felony) charge that must be presented to the Grand Jury for an indictment.

FAQ: Am I going to jail if convicted of robbery? Most likely, yes. There is a presumption of prison time even for first time offenders. 

FAQ: Can I get Pre-Trial Intervention (PTI)? You are not eligible for PTI in most cases. You can’t even apply unless the prosecutor consents.

If you or someone you love is facing robbery charges anywhere in New Jersey, we can help. With offices in Hackensack, Morristown, and Newark our criminal defense team represents clients throughout the state facing robbery charges with fantastic results. Contact us now for immediate assistance and a free initial consultation at 201-556-1570.

Related Information about Robbery Charges:

• Charged with Aggravated Assault during Robbery
• Accused of Eluding Police after a Robbery
• Possession of a Weapon Offense