Elizabeth, NJ Robbery Defense Attorney

Robbery is a serious crime in New Jersey, often resulting in severe penalties for those convicted. Robbery is codified under New Jersey law as N.J.S.A. 2C:15-1. Robbery is a crime of theft that involves the use of force or the threat of force. A robbery conviction can leave you with potential prison time, a large fine, and a criminal record. If you or a loved one is facing robbery, possession of a weapon for an unlawful purpose, burglary, or aggravated assault charges, then it is important to seek legal representation. If you are seeking legal representation in New Jersey, particularly in the areas of criminal defense, domestic violence, or manslaughter, Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

If you or a loved one is facing a robbery charge in New Jersey, it is important that legal assistance is sought. Contact our criminal justice law firm today to discuss your potential robbery case.

Definition of Robbery Charge in New Jersey

In New Jersey, robbery is defined as a theft that occurs contemporaneously with a violent act or threat of violence. According to criminal statute N.J.S.A. 2C:15-1, you can be found guilty of robbery if;  

• you inflict bodily injury, use force upon another,
• commit a first or second degree crime, or
• threaten someone with the purpose of putting them in fear of immediate bodily harm during the course of committing a theft.

Elements of New Jersey Robbery Charge

In order to be convicted of robbery, the prosecution must prove every element beyond a reasonable doubt. According to the New Jersey Model Jury Charge for second degree Robbery, the prosecutor must prove beyond a reasonable doubt:

1. that the defendant was in the course of committing a theft,
2. that while in the course of committing that theft the defendant (Choose from the following three):
   1. knowingly inflicted bodily injury or used force upon another.
   2. threatened another with or purposely put another in fear of immediate bodily injury.
   3. committed or threatened immediately to commit the crime of _____________.

The New Jersey Model Jury Charge defines theft as, “the unlawful taking or exercise of unlawful control over property of another with purpose to deprive him/her thereof.”

Robbery may also be charged as a first degree indictable (felony). According to the New Jersey Model Jury Charge for first degree Robbery, the prosecutor must prove beyond a reasonable doubt:

1. that the defendant was in the course of committing a theft
2. that while in the course of committing that theft the defendant
   1. knowingly inflicted bodily injury or used force upon another.
   2. threatened another with or purposely put him/her in fear of immediate bodily injury.
   3. committed or threatened immediately to commit the crime of________________.

What separates a first degree Robbery from a second degree Robbery, is that the State must prove one of the following circumstances beyond a reasonable doubt:

• the defendant was armed with (used or threatened the immediate use of) a deadly weapon while in the course of committing the robbery. In order for you to determine the answer to this question, you must understand the meaning of the term “deadly weapon.”13 A “deadly weapon” is any firearm or other weapon, device, instrument, material or substance (whether animate or inanimate) which in the manner it is used or intended to be used, is known to be capable of producing death or serious bodily injury or which in the manner it is fashioned would lead the victim reasonably to believe it to be capable of producing death or serious bodily injury.
• The defendant attempted to kill while in the course of committing the theft.
• The defendant purposely inflicted or attempted to inflict serious bodily injury upon while in the course of committing the theft. In order for you to determine the answer to this question you must understand that the meaning of the term “serious bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

It is important to remember that the prosecutor must prove each element of the charge beyond a reasonable doubt. The New Jersey Model Jury Charge explicitly says, “if you find that the State [prosecutor] has not proven beyond a reasonable doubt any one of the elements of the crime of robbery as I have defined that crime to you, then you must find the defendant not guilty.”

Degrees of Robbery Charges in New Jersey

Robbery is generally classified as a second-degree crime. As mentioned above, it can be upgraded to a first-degree crime if, in the course of committing the theft, the actor attempts to kill anyone, purposely inflicts or attempts to inflict serious bodily injury, or is armed with, uses, or threatens the immediate use of a deadly weapon.

Penalties for Robbery in New Jersey

The penalties for robbery charges in New Jersey are severe. A second-degree robbery conviction can result in:

• Minimum of 5 to a maximum of 10 years in prison and
• fines up to $150,000.

If the robbery is considered a first-degree crime, the penalties increase significantly:

• Minimum of 10 to a maximum of 20 years in prison and
• fines up to $200,000.

Both a second degree and a first degree robbery charge carry a presumption of incarceration. This means that if convicted of first/second degree robbery, then at sentencing it is presumed that the judge will sentence the defendant to prison.

No Early Release Act

Also, the No Early Release Act (NERA) applies to a New Jersey robbery charge. NERA is a criminal statute that requires defendants convicted of certain violent crimes, including robbery, to serve at least 85% of their sentence before becoming eligible for parole. For example, if a person is sentenced to 10 years in prison for robbery, they will have to serve at least 8.5 years before they can apply for parole. NERA also imposes a mandatory period of parole supervision after release, which is 5 years for first-degree crimes and 3 years for second-degree crimes. NERA is a harsh law that can significantly increase the consequences of a robbery conviction in New Jersey.

Immigration Consequences

A New Jersey robbery charge can have serious immigration consequences for a person who is not a U.S. citizen. Robbery is considered an aggravated felony under federal immigration law, which means that a conviction can result in removal proceedings and a high probability of deportation. A person who is convicted of robbery may also face other immigration issues, such as:

• Denial of citizenship, green card, visa, or other immigration benefits
• Ineligibility for re-entry into the U.S. after deportation
• Ineligibility for hardship waivers or asylum
• Mandatory immigration detention
• Extended or permanent bar to U.S. citizenship

These consequences can vary depending on the person’s immigration status, criminal history, and the facts of the case. 

Statute of Limitations on a NJ Robbery Charge

According to New Jersey law, robbery is an indictable crime that carries a five-year statute of limitations. This means that the prosecution has five years from the date of the offense to file charges against the suspect, unless there are circumstances that toll or suspend the statute of limitations, such as the suspect fleeing or eluding law enforcement. However, suppose the robbery involves DNA or fingerprint evidence. In that case, the statute of limitations does not start to run until the prosecution has both the physical evidence from the crime and the biometric evidence from the suspect.

Defending Against Robbery Charges

Defending against robbery charges requires a strong legal strategy. This may involve challenging the evidence presented by the prosecution, questioning the reliability of witnesses, or arguing that the defendant’s actions did not meet the legal definition of robbery. Some defenses that may be available to a person charged with robbery are the following:

• Lack of intent: This defense asserts that you did not have the criminal intent to commit a robbery and that it was a misunderstanding or mistake. This can be supported by showing that you did not use force or threat, or that you had a valid claim to the property.
• Duress: This defense claims that you only committed the robbery because someone threatened you with harm if you did not. This can be supported by showing that you were under a reasonable fear of imminent danger, and that you had no reasonable opportunity to escape or resist.
• Falsely accused: This defense alleges that someone with an ulterior motive accused you of robbery, such as a personal vendetta, a cover-up, or a frame-up. This can be supported by exposing the accuser’s motive, bias, or inconsistency.
• Constitutional violation: This can be a defense for robbery if it affects the admissibility or reliability of the evidence against you. For example, if the police violated your Fourth Amendment right against unreasonable search and seizure, or your Fifth Amendment right against self-incrimination, you can challenge the legality of the evidence obtained from those violations. 
• Chain of custody: This defense is the process of documenting and preserving the evidence from the time it is collected until it is presented in court. A chain of custody defense is a strategy that challenges the integrity or reliability of the evidence by showing that there was a break or gap in the chain of custody, such as tampering, contamination, loss, or mislabeling of the evidence. A chain of custody defense can be used in a New Jersey robbery case if the defendant can raise reasonable doubt about the authenticity or accuracy of the evidence that links them to the crime, such as property, weapons, DNA, or fingerprints.
• Alibi: This defense can be a powerful tool in undermining the prosecution’s case. It asserts that you were somewhere else at the time of the robbery and could not have committed the crime. This can be supported by evidence such as witnesses, receipts, surveillance footage, or phone records.
  • Challenges to alibi defenses:
    • Credibility of witnesses: The prosecution will likely try to discredit your alibi witnesses, so their reliability and trustworthiness are essential.
    • Strength of evidence: The more concrete and verifiable your alibi evidence, the more persuasive it will be.
    • Timing of alibi: An alibi that places you just minutes away from the crime scene may be less effective than one that places you significantly farther.

These are just some defenses that can be used for a robbery charge here in New Jersey. Please keep in mind that these defenses are usually based on the facts of the case.

Frequently Asked Questions (FAQs) 

• Question: Is Drug Court or PTI Available for NJ Robbery Charge?
  • Answer: No, drug court or pretrial intervention are not available for a New Jersey robbery charge. Robbery is either a first-degree or second-degree crime, which makes it ineligible for pretrial intervention. Drug court is a special program for non-violent drug offenders who are facing a prison sentence and have a substance abuse problem². Robbery is considered a violent crime, so drug court is not an option for this charge.

• Question: What constitutes robbery in New Jersey?
  • Answer: Robbery in New Jersey is defined as theft occurring with a violent act or threat of violence. It becomes a robbery if, during a theft, there’s infliction or threat of bodily injury, or if a first or second-degree crime is committed or threatened.

• Question: What are the penalties for robbery in New Jersey?
  • Answer: Robbery typically starts as a second-degree crime but can escalate to a first-degree offense if serious bodily injury is inflicted, attempted murder occurs, or a deadly weapon is used. Penalties can include fines up to $200,000 and prison time of 10-20 years for first-degree robbery.

• Question: How is armed robbery defined in New Jersey?
  • Answer: Armed robbery involves theft with the use or threat of a deadly weapon. It’s considered a first-degree crime, potentially leading to a prison sentence of up to 20 years.

• Question: What is the difference between theft, robbery, and carjacking in New Jersey?
  • Answer: Theft is the unlawful taking of property, while robbery involves theft with force or threat. Carjacking is a specific type of robbery involving the theft of a vehicle with force or threat of force.

• Question: Are there mandatory minimum sentences for robbery in New Jersey?
  • Answer: Yes, certain robbery convictions, especially involving weapons, carry mandatory minimum sentences due to the severity of the crime.

• Question: What factors can elevate a robbery to a first-degree charge?
  • Answer: Factors include attempted murder, infliction or threat of serious bodily injury, and use or threat of a deadly weapon during the robbery.

If you are facing a robbery charge in New Jersey, you should consult with a qualified criminal defense attorney who can advise you on your legal rights and options. Robbery is a serious offense that can result in a long prison term and a hefty fine. You need a strong defense to protect your future and your freedom.

Premier New Jersey Robbery Charge Attorney

Robbery charges in New Jersey carry serious consequences. If you are facing such charges, it’s crucial to seek legal counsel immediately. A skilled attorney, such as Brett M. Rosen, can help protect your rights and build a strong defense on your behalf.

Why choose our criminal defense law firm?

Our criminal defense law firm has a proven track record of success in defending clients against robbery charges. We have extensive experience in the New Jersey criminal justice system, and we know how to get results. We will work tirelessly to protect your rights and defend you against the charges. There are many reasons why you should choose NJ Attorney Brett M. Rosen to defend your robbery charge. Here are some of them:

• He is one of the top criminal defense attorneys of 2023, according to LA Weekly.
• He has a proven track record of winning seemingly impossible cases, such as a recent acquittal of a karate instructor accused of sexual assault.
• He is passionate, dedicated, and assertive in representing his clients, standing up for their rights and challenging the evidence against them.
• He is experienced in handling robbery cases, which are serious offenses that can result in long prison terms and hefty fines.
• He is an advocate for mental health and well-being within the legal profession, understanding the stress and emotional toll that comes with facing criminal charges.
• He is knowledgeable about the latest advancements in artificial intelligence and their impact on the legal industry, using AI-powered tools to enhance his practice.

These are just some of the reasons why NJ attorney Brett M. Rosen is a great choice for your robbery defense.

Contact us today for a free consultation.