Bergen County NJ Robbery Defense Lawyers
Criminal Defense Attorneys with Offices in Hackensack, New Jersey
Robbery is a serious felony offense in New Jersey which involves the use of force during a theft. It will be graded as either a first or second degree crime depending on the nature of the offense. On a first degree robbery charge, you are facing 10-20 years in jail, while on a second degree robbery charge you are facing 5-10 years in jail. Because this crime involves violence, you must serve 85% of your prison sentence before becoming eligible to be released on parole.
At the Tormey Law Firm, our seasoned defense attorneys have been handling cases involving robbery, burglary, forgery, and prescription fraud throughout New Jersey for years, including in Englewood Cliffs, Fair Lawn, and Franklin Lakes. In fact, Mr. Tormey was featured in the Daily Record in Morris County regarding shoplifting charges, the immigration consequences, and other potential penalties for those convicted. In addition, some of our lawyers have prosecuted these charges on behalf of the State and now use their training and expertise to defend our clients in court. Call us today at (201)-330-4979 for a free consultation about your case, and please continue reading this page for more information about robbery charges in New Jersey.
Robbery Charges in New Jersey: N.J.S.A. 2C:15-1
In New Jersey, N.J.S.A. 2C:15-1 governs robbery charges and 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:
- 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 “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.
NOTE: Robbery is essentially a theft offense accompanied by the use of force or threatened use of force. A second degree robbery is enhanced to a first degree robbery if the defendant is armed with a deadly weapon.
Penalties for Robbery in New Jersey
As the above statute states, robbery is a serious criminal offense in New Jersey. First degree offenses are the most serious crimes in New Jersey, punishable by 10 to 20 years in state prison if convicted. On the other hand, second degree offenses entail a term of incarceration ranging from 5 to 10 years. Moreover, robbery is one of the enumerated offenses under the “No Early Release Act,” which requires a defendant to serve 85 percent of the prison sentence before becoming eligible for parole. As a result, first or second degree robbery charges lead to significant state prison terms without eligibility for parole.
Frequently Asked Questions (FAQ) Regarding Robbery Charges in NJ
FAQ: Is robbery a felony charge in NJ? Yes, robbery is an indictable (felony) charge in NJ which will be graded as a first or second degree offense. These charges must be presented to a grand jury for an indictment.
FAQ: Am I going to jail if convicted of robbery? In most cases, jail time is likely. In fact, there is a presumption of jail time even for a first time felony offender. In addition, because robbery is a violent offense, a defendant convicted of robbery must serve 85% if their prison sentence before becoming eligible for parole.
FAQ: Can I get Pre-Trial Intervention (PTI) on robbery charges in NJ? This is very unlikely. PTI is usually reserved for lower level felony crimes (third and fourth degree). In addition, because robbery is a second or first degree crime, you can’t even apply for PTI unless the prosecutor consents.
Free Consultation with an Experienced Fair Lawn, NJ Robbery Defense Lawyer
If you or a loved one has been charged with robbery or another criminal offense in New Jersey, contact our Morristown or Hackensack offices anytime at (201)-330-4979 for a free consultation. You can also fill out our online contact form to schedule an in-person meeting to discuss your charges.