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What Are the Different Defenses Against Armed Robbery?
If you have been charged with armed robbery in New Jersey, the prosecutor has the burden of proof. Your criminal defense attorney can help you defend against the charges if the facts and circumstances support them. You should contact a lawyer today so they can begin defending your legal rights immediately.
Armed Robbery Under New Jersey Law
New Jersey law states that:
A person is guilty of robbery if, in the course of committing a theft, they:
- Inflict bodily injury or use force upon another; or
- Threaten another with or purposely put them in fear of immediate bodily injury or
- Commit or threaten immediately to commit any crime of the first or second degree.
Armed robbery becomes a more serious offense when a deadly weapon is used or threatened during the commission of the crime.
Failure to Prove All Elements of the Crime
As with any criminal offense, the prosecutor must prove armed robbery beyond a reasonable doubt. They must present sufficient evidence showing that the defendant’s actions meet every element of the crime. If they fail to do so, a conviction may not be possible. Therefore, one defense against armed robbery charges is that the prosecutor simply does not have the evidence to prove the crime.
The Defendant Did Not Have Intent or Use Force
- Intent: Armed robbery requires the specific intent to commit the crime. It is not possible to commit armed robbery by accident. If the defendant did not intend to use force or make a threat, they may not be guilty of armed robbery.
- Use of Force or Threat: Armed robbery also requires using or threatening force. The charge may be challenged if the defendant did not use force or threaten harm. For example, if the alleged victim perceived a threat, but no threat of harm was intended, the defense could argue that the elements of the crime were not met.
The Instrument Used Was Not a Weapon
If the item allegedly used in the commission of the crime was not actually a weapon—or if it was not a deadly weapon—this could be a valid defense. For example, a weapon might be misidentified, or the alleged weapon could be something that does not qualify as “deadly” under the law. In such cases, the defendant could argue for the reduction of armed robbery charges to theft or simple robbery.
Entrapment
Entrapment can occur when law enforcement induces someone to commit a crime they otherwise would not have committed. If the defendant was coerced into committing the crime as part of a sting operation or bust, they may lack the necessary intent to be convicted of armed robbery. This defense can be difficult to prove, but it is recognized under New Jersey law.
Negotiating a Plea Bargain
A criminal defense attorney will investigate your case to identify any potential defenses. In some instances, it may be in your best interest to negotiate a plea bargain with the prosecutor. This could involve a reduced charge or lesser penalties. Ultimately, you will make the decision in consultation with your lawyer.
Contact the Skilled Freehold Criminal Defense Lawyers at Lyons & Associates, P.C.
If you find yourself charged with any crime, the Freehold criminal defense lawyers at Lyons & Associates, P.C. can provide you with vigorous legal representation. You cannot afford to try to face the criminal justice system alone. Call us today at 908-575-9777 or fill out our online form for a free initial consultation. We have offices in Somerville, Morristown, and Freehold, New Jersey, representing clients in Monmouth County, Mercer County, and Burlington County.