Robbery charges (NJSA 2C:15-1) in New Jersey carry major legal consequences. If you are convicted of a Robbery Charge (NJSA 2C:15-1) you will be subject to huge fines, have a stained record, and may face jail time.
However, in our justice system, YOU HAVE RIGHTS! Including the right to be presumed innocent until proven guilty beyond a reasonable doubt.
Sarofiem & Antoun will make sure your rights are heard and protected.
WHAT IS ROBBERY IN NEW JERSEY? NJSA 2C:15-1
Under NJSA 2C:15-1, you can be found guilty of robbery if, in the course of committing a theft, you:
Inflict bodily injury or use force on the victim; or
Threaten the victim with or purposely put the victim in fear of immediate bodily injury; or
Commit or threaten immediately to commit any crime of the first or second degree.
You can be deemed to be “in the course of committing a theft” if any of the above acts occur while you are in the attempt of committing a theft or in immediate flight from a theft.
Carjacking is a type of robbery. Under NJSA 2C:15-2, this offense occurs when, in the course of unlawfully taking a motor vehicle, you:
Inflict bodily injury or use force on an occupant or person in possession or control of a motor vehicle; or
Threaten that person or purposely or knowingly put that person in fear of immediate bodily injury; or
Commit or threaten immediately to commit any crime of the first or second degree; or
Operate or cause the vehicle to be operated with that person remaining in the vehicle.
As explained below, both robbery and carjacking are treated as violent offenses which carry harsh penalties under New Jersey law.
You’ll find below, Robbery NJSA 2C:15-1 and Carjacking NJSA 2C:15-2 are treated as violent charges and both carrying major penalties in New Jersey.
WHAT ARE THE PENALTIES FOR A NEW JERSEY ROBBERY CHARGE?
If you are guilty of a robbery, you may be punished for committing a crime of the second degree. This carries a prison sentence between 5 to 10 years.
Robbery is elevated to a crime of the first degree, if during the course of committing a theft, you:
Attempt to kill anyone; or
Purposely inflict or attempt to inflict serious bodily injury; or
Armed with, use, or threaten the immediate use of a deadly weapon.
If you commit robbery in the first degree, you can face a sentence between 10 to 20 years in a state prison.
Because of the serious nature of a first- or second-degree robbery, New Jersey requires you to serve 85 percent of your sentence before you can be eligible for parole.
Carjacking NJSA 2C:15-2 is a first-degree offense. If convicted, you can serve between 10 to 30 years in prison. You are ineligible for parole for the first five years of any sentence which you receive.
If convicted of NJSA 2C:15-1 or NJSA 2C:15-2, it’s likely you need to pay fines, court costs and restitution. You will lose your right to vote and carry a firearm.
HOW CAN YOU DEFEND AGAINST A ROBBERY CHARGES IN NJ?
Due to the seriousness of the above penalties, it’s important to look over all possible defense options.
It is important to look at how police and prosecutors gathered the evidence which they plan to use against you. If that evidence was obtained in violation of your constitutional rights or statutes that govern criminal procedure, it could be excluded. For example:
An item connected to a robbery could have been obtained as the result of an illegal search and/or seizure
A statement, including a confession, could have been obtained in violation of your Miranda rights
Eyewitness identification could have been obtained through an improperly conducted lineup or other faulty procedure.
If evidence is excluded before a case goes to trial, the prosecutor may agree to dismiss a robbery NJSA 2C:15-1 or carjacking NJSA 2C:15-2 charge or reduce the charge to a lesser offense.
During trial, your lawyer can challenge the prosecution’s evidence through cross-examination and other strategies and techniques.
Your lawyer can seek to convince the jury that the prosecution has failed to establish each element of the robbery charge beyond a reasonable doubt.
Additionally, your lawyer can present evidence to support a defense such as an alibi which establishes that you were somewhere else when the robbery was allegedly committed.
It is important to work with a lawyer who will gather all evidence in your case, carefully assess it, explore all potential defenses available to you and provide you with an honest evaluation of your case.
HOW CAN A ROBBERY DEFENSE ATTORNEY NEW JERSEY HELP YOU?
When you work with us at Sarofiem & Antoun, you will realize that your legal problems are our legal problems. We care about our clients’ well-being, not their payments.
Sarofiem & Antoun can provide top notch service at every stage of your case, including;
Seeking a reasonable bond to allow you to go home while your robbery or carjacking charge is pending
Making sure the prosecution complies with its discovery obligations and collecting all evidence that bears on your case
Filing all available pre-trial motions in an effort to exclude any unlawfully obtained evidence and, perhaps, to get the charges against you dropped or dismissed
Working with the prosecutor to seek a reasonable plea agreement, fully consulting with you about the terms of that agreement and advising you about the pros and cons of accepting the offer or going to trial
Presenting a vigorous defense for you in court if you choose to go to trial
Fighting for minimum consequences if your case goes to sentencing
Representing you in all post-trial matters, including appeals and expungement applications.
IF YOU JUST RECEIVED ROBBERY CHARGES NJSA 2C:15-1 or NJSA 2C:15-2 IN THE STATE OF NEW JERSEY AND HAVE ANY QUESTIONS, CALL ONE OF OUR EXPERIENCED ATTORNEYS TODAY TO PROVIDE THE CLARITY AND PEACE OF MIND YOU ARE LOOKING FOR.