![\"\"](\"https://www.lustberglaw.com/wp-content/uploads/2022/11/robbery.jpg\")
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\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tNew Jersey Robbery Lawyer
\t\t\t\tIt is a common misconception that theft and robbery are interchangeable when it comes to criminal charges. However, this is not the case in New Jersey. Under New Jersey law, theft is the act of unlawfully taking control of someone else\u2019s property, while robbery is the act of subjecting a victim to physical force or threat of bodily harm during the course of committing a theft. Robbery is categorized as a violent crime under New Jersey law, and convictions often carry severe punishments which can include fines and a prison sentence up to 20 years, subject to the No Early Release Act (85% parole disqualifier).
Being charged with robbery in New Jersey is a serious matter. A conviction means you’re likely to face time in state prison, and you’ll have to serve most of that sentence. This kind of conviction can impact your life long-term. That’s why it’s critical to have a lawyer with a strong track record in robbery cases.
Our skilled New Jersey robbery lawyers at Rocco Law Offices will carefully gather evidence about your case in order to\u00a0 build a strong legal defense against your charges. Attorney Rocco Rocco has worked extensively with prosecutors and judges in the New Jersey court system and knows how to negotiate for a favorable outcome. If you are facing robbery charges, don\u2019t leave your defense up to chance.
Call us today at \" rel=\"nofollow \"> to schedule a complimentary consultation with criminal attorney Rocco Alessandro.
\t\t\t\t\t\t\t\t![\"\"](\"https://www.lustberglaw.com/wp-content/uploads/2021/12/adam-pic4.jpg\")
\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tWhat Is Robbery Under New Jersey Law? How Is It Different From Theft?
\t\t\t\tTheft is defined by New Jersey law as the act of unlawfully taking or exercising control over someone else\u2019s movable property with the intent to deprive the owner of access to the property. The unlawful takeover of interest or access to immovable property by one person from another is also classified as theft under New Jersey law. New Jersey law also has provisions for theft by deception and by extortion.
\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\tDegrees of Theft Charges in New Jersey\n\t\t\t\t\t
\n\n\t\t\t\t\tIn New Jersey, theft offenses are categorized based on the value of the property or services stolen, and each category carries different degrees of charges and corresponding penalties.
- Disorderly Persons Offense: Theft of property or services valued at less than $200 falls under this category. Although not technically categorized as a felony, it is similar to a misdemeanor in other jurisdictions and can result in up to 6 months in jail and fines.
- Fourth-Degree Theft: This applies when the value of stolen property or services is at least $200 but less than $500. Conviction may lead to up to 18 months in state prison.
- Third-Degree Theft: Theft becomes a third-degree offense when the value is between $500 and $75,000. This degree can carry a sentence of 3 to 5 years in state prison.
- Second-Degree Theft: The most serious theft offense, second-degree theft involves property or services valued at over $75,000. This can result in 5 to 10 years in state prison and significant fines.
The degree of the charge not only affects the potential prison time but also the fines and long-term consequences associated with a conviction, such as the impact on one’s criminal record. In all cases, New Jersey law takes theft seriously, and penalties can be severe, emphasizing the importance of legal guidance when facing theft charges.
\n\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\tDefinition of Robbery Under New Jersey Law\n\t\t\t\t\t
\n\n\t\t\t\t\tUnder New Jersey law (NJ Rev Stat \u00a7 2C:15-1 (2013)), a person is guilty of robbery if, in the course of committing a theft, he or she:
- Inflicts bodily injury or uses force upon another; or
- Threatens another with or purposely puts him in fear of immediate bodily injury; or
- 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 \u201cin the course of committing a theft\u201d if it occurs in an attempt to commit theft or in immediate flight after the attempt or commission. This means that, even if the threat or injury occurred after the theft has been committed, robbery charges can still be filed.
Degrees of Robbery Offenses
\t\t\t\tRobbery offenses in New Jersey are categorized into two degrees, each with its own set of legal repercussions. Robbery is typically a second-degree offense.
However, it escalates to a first-degree crime if the perpetrator:
\t\t\t\t\t\t\t\t- \n\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tAttempts to kill anyone, or purposely inflicts or attempts to inflict serious bodily injury; or\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tIs armed with, uses, or threatens the immediate use of a deadly weapon.\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t
A second-degree robbery charge can result in a sentence of 5 to 10 years in prison, while a first-degree robbery charge can lead to a prison term of 10 to 20 years. The state also employs the No Early Release Act (NERA) for first-degree robbery offenses, which requires that a person serve 85% of their sentence before becoming eligible for parole.
\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\tThe Role of Force or Threat in Robbery Accusations\n\t\t\t\t\t
\n\n\t\t\t\t\tThe element of force or threat is what distinguishes robbery from other theft offenses. Physical force, no matter how slight, can elevate a theft to a robbery. This includes any violent action taken to overcome the resistance of the victim or to ensure the success of the theft. Even if the victim is not harmed, the use of force can still lead to a robbery charge.
Threats, on the other hand, involve placing a victim in fear of immediate harm. This can include verbal threats, gestures, or any other action that implies harm. It is not necessary for the threat to be carried out, nor for the victim to be physically injured. The mere implication of harm is enough to warrant a robbery charge if it was used to facilitate the theft.
\n\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\tRobbery as a Violent Crime\n\t\t\t\t\t
\n\n\t\t\t\t\tIn New Jersey, the law takes a firm stance against robbery due to its violent nature and the potential for serious harm to victims. Understanding these legal definitions and the severity of the associated penalties is crucial for any individual involved in robbery charges. It is also a reminder of the importance of having knowledgeable legal representation to navigate the complexities of New Jersey’s criminal justice system.
Classifying robbery as a violent crime is a key difference that often elevates charges, including punishment, and makes building a legal defense all the more difficult for people charged with robbery in New Jersey.
New Jersey has severe punishments for violent crimes. It is essential that you seek the help of an experienced robbery lawyer who is familiar with the New Jersey criminal justice system. At Rocco Law Offices, our attorneys have dedicated their practice to helping NJ residents to understand their rights under the law. We can help you navigate the complex legal landscape and provide aggressive representation.
Contact us today at \" rel=\"nofollow \"> to schedule a free consultation with one of our skilled NJ theft and robbery lawyers.
What Do Robbery and Armed Robbery Charges Entail in New Jersey?
\t\t\t\tAs indictable offenses, the crimes of robbery and armed robbery in New Jersey are adjudicated in the Superior Court of the county where the alleged crimes took place. A robbery conviction in New Jersey carries a penalty of five to ten years imprisonment for a second-degree charge and 10 to 20 years for a first-degree charge.\u00a0
\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\tThe Penalties for Armed Robbery in New Jersey\n\t\t\t\t\t
\n\n\t\t\t\t\tArmed robbery in New Jersey is not just a theft offense; it is a violent crime that involves the threat or actual use of force with a weapon. Armed robbery is typically classified as a crime of the first degree in New Jersey, which carries severe penalties.
The sentencing guidelines for a first-degree offense include:
- A term of imprisonment ranging from 10 to 20 years;
- Under the No Early Release Act (NERA), the convicted individual must serve 85% of the sentence before becoming eligible for parole;
- A fine that can reach up to $200,000.
Due to the gravity of the offense, judges have limited discretion to impose a sentence below the statutory minimum unless certain mitigating factors are present and substantially outweigh any aggravating factors.
\n\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\tImpact of Prior Criminal History\n\t\t\t\t\t
\n\n\t\t\t\t\tPrior criminal convictions, especially for violent crimes or firearm-related offenses, can lead to enhanced penalties under New Jersey’s persistent offender laws. This could mean longer sentences and higher fines for those with a significant criminal history
If you have been charged with robbery in New Jersey, it is important to get the help of an experienced New Jersey robber lawyer. At Rocco Law Offices, we have built a reputation for doing our due diligence in protecting the rights of New Jersey residents who have been charged with a crime. Attorney Rocco Rocco has dedicated his career to providing quality legal counsel and representation.
Contact us to schedule a free consultation and learn more about your legal options. Call us today at )\" rel=\"nofollow \">.
What is the NJ No Early Release Act?
\t\t\t\tThe No Early Release Act (NERA) is a New Jersey criminal statute passed in 1997 that prohibits defendants from being released from prison before serving at least 85 percent of their entire sentence.
Aside from robbery, other charges that fall under the NERA are as follows:
\t\t\t\t\t\t\t\t- \n\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tN.J.S.A. 2C:11-3 \u2013 Murder;\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tN.J.S.A. 2C:11-4 \u2013 Aggravated manslaughter or manslaughter;\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tN.J.S.A. 2C:11-5 \u2013 Vehicular homicide;\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tN.J.S.A. 2C:12-1(b) \u2013 Aggravated assault;\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tN.J.S.A. 2C:12-11(b) \u2013 Disarming a law enforcement officer;\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tN.J.S.A. 2C:13-1 \u2013 Kidnapping;\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tN.J.S.A. 2C:14-2 \u2013 Aggravated sexual assault;\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tN.J.S.A. 2C:14-2(b), N.J.S.A. 2C:14-2(c)(1) \u2013 Sexual Assault;\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tN.J.S.A. 2C:15-1 \u2013 Robbery;\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tN.J.S.A. 2C:15-2 \u2013 Carjacking;\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tN.J.S.A. 2C:17-1(a)(1) \u2013 Aggravated Arson;\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tN.J.S.A. 2C:18-2 \u2013 Burglary;\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tN.J.S.A. 2C:20-5 \u2013 Extortion;\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tN.J.S.A. 2C:35-4.1 \u2013 Booby traps in manufacturing or distributing facilities;\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tN.J.S.A. 2C:35-9 \u2013 Strict liability for drug-induced deaths;\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tN.J.S.A. 2C:38-2 \u2013 Terrorism\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tN.J.S.A. 2C:38-3 \u2013 Producing or possessing chemical weapons, biological agents, or nuclear or radiological devices\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t
Attempts or conspiracy to commit charges under the list of crimes under the NERA are also subject to the NERA. The NERA will also supersede existing parole eligibility requirements in most cases regardless of other mandatory sentences.
A federal study conducted in 2004 also revealed that, as convictions under the NERA are classified as violent crimes, New Jersey prosecutors are unlikely to downgrade these charges to lesser offenses. This is further discouraged by some charges having a minimum mandatory sentence, commonly known as a sentence with a \u201cstip\u201d or \u201cstipulated period of parole ineligibility.\u201d\u00a0 A good parallel in New Jersey would be gun charges falling under the Graves Act.
The rationale of New Jersey lawmakers in proposing minimum mandatory sentence laws is to discourage criminal behavior. As such, New Jersey is notorious for having severe punishments for criminal acts. Lawmakers have attributed the decrease in violent crimes since 1997 as being a result of the NERA acting as a discouraging factor for those seeking to commit criminal acts. Being convicted of a crime under the NERA makes it difficult for defendants to get parole due to the restrictions under the law.
If you have been charged with a crime under the New Jersey No Early Release Act, seeking the help of an experienced criminal defense attorney is an important step in defending your rights.
At Rocco Law Offices, we provide a comprehensive legal defense strategy that will involve a careful, evidence-based study of the facts of your case. Attorney Rocco Rocco has years of experience in protecting the rights of individuals charged with a crime in New Jersey. He and his team of New Jersey robbery defense attorneys have helped many individuals charged with crimes and their families navigate the complicated legal landscape of the New Jersey criminal justice system.
To schedule a free consultation with attorney Lustberg, call our offices today at \" rel=\"nofollow \">.
\t\t\t\t\t\t\t\tWe have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
\t\t\t\t\t\t\t\tHow Can An Experienced New Jersey Robbery Attorney Help Me?
\t\t\t\tA robbery conviction under New Jersey’s NERA statute can have far-reaching effects on your life. Beyond the immediate possibility of a long prison sentence, it can disrupt your personal and professional relationships, limit housing opportunities, restrict gun ownership rights, reduce job prospects, and potentially impact child custody arrangements. Furthermore, a robbery conviction can permanently tarnish your criminal record. It’s clear that the stakes are high, and leaving your defense to chance is not advisable.
Securing a knowledgeable New Jersey robbery lawyer could be crucial. Success in court could mean the difference between charges being dropped and time spent in state prison. At Rocco Law Offices, our team of experienced robbery lawyers is well-versed in the tactics used by prosecutors in New Jersey and is dedicated to thorough investigation and strategy development. Facing robbery or armed robbery charges in New Jersey is daunting, but our team is prepared to advocate fiercely on your behalf.
For a free consultation to discuss your defense, reach out to us at \" rel=\"nofollow \">.
\t\t\t\t\t\t\t\tExperienced Legal Representation from Rocco Law Offices
\t\t\t\tWhen facing robbery charges in New Jersey, prompt action is crucial. At Rocco Law Offices, we’re committed to crafting a solid legal defense for you and clarifying your legal rights. Our team, well-versed in robbery and criminal defense, stands ready to assist.
Serving clients in Hackensack, Bergen County, Hudson County, Essex County, Passaic County, and across NJ, attorney Rocco brings his extensive criminal defense experience to the table, practicing law in both New Jersey and New York.
Don’t hesitate to reach out. Contact us at \" rel=\"nofollow \"> to set up a no-cost consultation today.
\t\t\t\t\t\t\t\t![\"\"](\"https://www.lustberglaw.com/wp-content/uploads/2021/12/adam-pic6.jpg\")
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