What Is Considered Armed Robbery in New Jersey?

Armed robbery is a serious criminal offense in New Jersey with severe penalties. While robbery is a second-degree crime that involves theft paired with an act or threat of violence, armed robbery elevates the charge to a first-degree crime. This involves using a weapon to inflict or threaten serious injury or death during the theft.

A conviction for armed robbery can lead to steep fines, lengthy prison sentences, and long-term consequences, such as difficulty finding employment, pursuing education, or maintaining personal relationships. If you or someone you know faces armed robbery charges, it is essential to contact an experienced criminal defense lawyer as soon as possible.

What Is Considered Armed Robbery?

Under New Jersey law, armed robbery is a first-degree theft crime that involves the use, or threat of use, of a deadly weapon. You could be charged with armed robbery if the theft included:

• Using force or inflicting bodily injury on the victim.
• Threatening the victim with bodily injury.
• Possessing a deadly weapon during the crime.
• Intentionally attempting to kill or inflict serious bodily injury on the victim.

A deadly weapon includes firearms as well as other objects capable of causing serious harm or death. This may involve items not typically considered weapons, such as knives, pipes, baseball bats, or even electrical wires. The key factor is whether the object had the capability to cause harm or death when used during the crime.

What Are the Penalties for Armed Robbery in New Jersey?

The penalties for armed robbery in New Jersey are severe. As a first-degree crime, it can result in fines of up to $200,000 and prison sentences ranging from 10 to 20 years. Under the No Early Release Act (NERA), offenders must serve at least 85 percent of their sentence before becoming eligible for parole.

If the robbery involved a firearm, additional charges for illegal possession of a firearm could apply, adding up to five years to the sentence. Probation or electronic monitoring is rarely considered for such violent crimes.

What Are Possible Defense Strategies for Armed Robbery?

If you are charged with armed robbery, the prosecution must prove beyond a reasonable doubt that you committed theft and used or threatened force during or after the crime. An experienced criminal defense lawyer can identify weaknesses in the prosecution’s case and develop an effective strategy tailored to your situation.

Common defense strategies include:

• Proving Innocence: You may establish your innocence with a solid alibi, showing you were not at the crime scene when the robbery occurred. This could result in the charges being dropped.
• Challenging Evidence of a Weapon: If the prosecution cannot prove that a deadly weapon was used or threatened during the robbery, the charges may be reduced to a second-degree crime.
• Entrapment: If law enforcement pressured you to commit the robbery, proving that you would not have acted without their encouragement may lead to the dismissal of the charges. However, this requires demonstrating that the police actively induced the crime.
• Coercion or Duress: If you were forced to commit robbery under threats of immediate harm, this may be a viable defense. You must show that the threat of injury or death was imminent and left no opportunity to refuse.
• Misidentification: Eyewitness misidentification can lead to wrongful accusations. Your lawyer may challenge the witness’s credibility by examining factors such as lighting, distance, or the time elapsed since the crime.
• Illegal Search and Seizure: If law enforcement obtained evidence against you through unlawful methods, your lawyer could file a motion to suppress this evidence, potentially leading to a reduction or dismissal of charges.
• Ownership of the Property: If you can prove you are the rightful owner of the property involved in the alleged theft, this may serve as a defense. However, if a weapon was used, legal penalties may still apply.

How Do I Find the Right Armed Robbery Defense Lawyer?

Facing armed robbery charges requires the support of a skilled criminal defense lawyer. The right attorney will:

• Analyze the evidence against you.
• Develop a personalized defense strategy.
• Aggressively advocate for you in negotiations or court.
• Ensure your rights are protected throughout the process.

The Freehold Armed Robbery Defense Lawyers at Lyons & Associates, P.C. Will Fight for Your Rights

If you or a loved one has been charged with armed robbery, contact the Freehold armed robbery defense lawyers at Lyons & Associates, P.C. We will thoroughly review your case and provide a strong defense to reduce or dismiss the charges. To schedule a free, confidential consultation, call us at 908-575-9777 or contact us online. Located in Somerville, Morristown, and Freehold, New Jersey, we serve clients in Monmouth County, Mercer County, and Burlington County.

• Category: Criminal Law