Looking for Local Robbery Attorney in Monmouth County
Robbery is one of the most serious charges under the New Jersey Criminal Code. As you will see below, robbery can be either a first or second degree felony in New Jersey. If convicted, a Defendant faces up to twenty (20) years in a New Jersey State Prison. Furthermore, the offense of robbery also falls under the No Early Release Act, which as you will see below carries even harsher penalties. If you have been charged with robbery, burglary, receiving stolen property, theft by deception, aggravated assault, terroristic threats, unlawful possession of a weapon in Monmouth County, the Law Offices of Proetta & Oliver can help. Our attorneys have dedicated their entire careers to defending those accused of crimes in courts throughout New Jersey. Do to the potential exposure a Defendant faces when charged with robbery, these charges tend to be heavily litigated. Therefore, it is extremely important that you speak to a qualified Monmouth County criminal defense lawyer about your options. If you would like to come into our office and discuss your options with one of the other attorneys on staff, then please contact us directly at (732)858-6959. We are available 24/7 to help assist in anyway possible. Also, please remember that our initial consultations are free of costs, so if you have any questions whatsoever please do not hesitate to call. We can go over the specifics of your case and formulate a game plan on how we think we can be of assistance. Now here is some key information on the offense of robbery including what separates a first degree from a second degree.
What to Know about Robbery Charges in NJ?
In layman terms, to be charged with a second degree robbery in New Jersey, it must be alleged that the individual committed a theft by using or threatening to use some level of force. To be charged with a first degree armed robbery it must be alleged that the individual committed a theft by using or threatening to use deadly force or was in the possession of a deadly weapon.
How does the Prosecution Prove a Robbery Charges in NJ?
The governing statute in New Jersey for robbery is N.J.S.A. 2C:15-1. To be convicted of a second degree robbery in New Jersey, the Monmouth County Prosecutor’s Office will need to prove beyond a reasonable doubt three material elements, they are as follows:
- The Defendant was in the course of committing a theft &
- While the Defendant was committing the theft he/she:
- Knowingly inflicted bodily injury or used force upon another; or
- Threatened another with or purposely put him/her in fear of immediate bodily injury; or
- Commits or threatens immediately to commit any crime of the first or second degree.
To be convicted of a first degree robbery in New Jersey, the Monmouth County Prosecutor’s Office will also need to prove that during the course of committing the theft the Defendant either:
- Attempted to kill another or
- Purposely inflicted or attempted to inflict serious bodily injury on another; or
- Was armed with or used or threatened the immediate use of a deadly weapon.
Can I be Charged with Robbery for Shoplifting?
In essence, the State must prove that the Defendant used some form of physical force or a threat to commit the theft. Basically, a robbery is an assault and a theft that occur at the same time. Therefore, if a Defendant is in the process of shoplifting a pack of gum from a convenience store and the clerk attempts to intervene and the Defendant pushes the clerk away to flee, they will be charged with robbery in the second degree. So a Defendant goes from facing a maximum of six months in the Monmouth County jail to facing up to ten (10) years in a New Jersey State Prison.
How to get Bail on a Robbery Charge in NJ?
Almost all robbery charges will be issued on what is called a Complaint-Warrant. This will require that the individual be taken to the Monmouth County Jail for at least 24-48 hours so that pretrial services can conduct their risk assessment. That risk assessment will be used by the Monmouth County Prosecutor’s office to make a determination about whether they will agree to release the individual on bail at their Central Judicial Processing Hearing or whether they will be filing for detention. If they file for detention that means that they are seeking to keep the individual detained in the county jail, without bail, pending trial. Before that can happen though a formal hearing must be conducted and it will ultimately be up to the Judge to determine whether the individual can be released on bail. Being released on bail typically means special conditions as opposed to posting cash and/or a bond.
How Serious is a Robbery Charge in NJ? What is the Jail Time on Robbery in NJ?
As touched upon above, robbery can either be a first or second degree felony. If a Defendant is convicted of a first degree felony in New Jersey they will be facing anywhere between 10-20 years in prison and a fine up to $200,000. If a Defendant is convicted of a second degree felony in New Jersey they will be facing anywhere between 5-10 years in a prison and a fine up to $150,000. Since robbery is considered either a first or second degree felony, a presumption of incarceration would apply, regardless of the Defendant’s prior criminal history. Even though the presumption of incarceration can be overcome, it is rare.
What is the No Early Release Act?
As if a mandatory prison sentence isn’t crippling enough, the offense of robbery also falls under the No Early Release Act (NERA). NERA requires that the individual serve not only a mandatory prison term but that the term also includes a parole ineligibility period as well. In fact, NERA requires that the individual serve at least 85% of their sentence before they could become eligible for parole. As you can tell these are life changing consequences.
Need to Speak to a Lawyer about a Robbery Case in Long Branch NJ
As you can tell from reading above, the penalties if convicted of robbery are life changing. Not only could you be incarcerated but you could be incarcerated for up two decades. If you or a loved one is facing robbery, theft of services, aggravated assault, stalking, terroristic threat, simple assault, harassment or unlawful possession of a weapon in Monmouth County, we can help. We serve all of Monmouth County including towns like Hazlet, Howell, Tinton Falls, Belmar, Manalapan, Holmdel, Middletown, Manalapan, Asbury Park, Long Branch, Ocean Township, Marlboro, Keyport and Freehold. We are well aware of what a criminal conviction, let alone a lengthy jail sentence can do to one’s life. We will aggressively challenge the evidence presented against you in order to achieve a favorable outcome. To schedule a free initial consultation today please contact us directly at (732)858-6959. We are available 24/7 to help assist anyway possible. Please do not take these charges lightly.