Typically, burglary does not involve violence, but robbery does. According to New Jersey law, if you use threat or force to steal from someone else, it’s considered robbery. Burglary is theft without violence. If you face burglary or robbery charges, we have the best team of criminal lawyers in Hamilton Township, NJ.
Category: Criminal Law
Being accused of a robbery in New Jersey is a serious matter. You’re facing severe penalties if you’re convicted. Because of this, it’s imperative that you have a criminal lawyer on your side to protect your rights.
In New Jersey, robbery is split into two degrees: first degree and second degree. Both of them come with the possibility of time in prison and fines, but first degree is a much more serious charge. Criminal law in New Jersey stipulates that a theft that occurs using violence or a threat of violence is robbery, and robbery in the second degree is the default charge for it unless there are extenuating circumstances.
When is Robbery in the Second Degree Increased to Robbery in the First Degree?
Robbery in the second degree increases to a first degree if there is a weapon involved or if there is a threat of using a weapon. It will also increase if there’s an attempted murder or if bodily injury is inflicted upon the victim.
What are the Penalties for Robbery?
Robbery in the second degree carries penalties of incarceration of 5 to 10 years, and robbery in the first degree carries penalties of incarceration of 10 to 20 years.
If there is a weapon used in the robbery, a state mandate requires that the person serve at least 3.5 years in prison. This typically applies to robbery in the first degree.
What Does the Prosecutor Need to Prove?
In order to launch a successful case for robbery, the prosecution has several points they need to prove. These include proving that:
- The defendant intended to commit the crime
- The defendant did commit or attempt to commit a theft
- The defendant used or threatened to use force during the robbery or while leaving the robbery
It’s imperative that anyone who’s facing a robbery charge contact one of our criminal lawyers in Hamilton Township, NJ, to explore defense options. These vary based on the circumstances of the charges, so be sure that you discuss the entire case with one of our attorneys to find out what options you have. Contact us now to learn more!
Possession with Intent to Distribute in New Jersey?
More often than not, simply getting caught with any type of drugs on your person, even recreational marijuana, can land you a drug possession with intent to distribute charge in New Jersey. How? Law enforcement officials may not have any solid evidence that you did, in fact, intend to distribute, but that won’t stop them from increasing the severity of the charges against you.
While the ability to be armed is protected under the Second Amendment, it’s still important for New Jersey weapon owners to understand local laws that restrict weapon usage and accessibility. New Jersey is well-known for having some of the toughest weapon charges, so knowing the law and choosing an experienced lawyer to help you is essential in making it through the case without massive fines or jail time, or avoiding a weapons charge in the first place.
Indictable offenses in New Jersey, also known as felonies in other states, are crimes that require a prison sentence of at least one year after conviction. These crimes, such as murder, arson, sex crimes, and robbery, among others, are the most severe crimes one might commit, and they all have different levels of severity with corresponding punishments. In this article, we at the Law Office of Zapicchi & Liller LLP will give you a brief overview of indictables in NJ, including the degrees of indictable offenses, the criminal statute of limitations, and the different sentences for each.
Degrees & Sentences of Indictment
New Jersey indictables are classified by four degrees. Their severity is listed in descending order below:
- First-Degree: These are the most serious offenses a citizen may commit in the state. They include murder, rape, and manslaughter.
- Judges can impose a standard sentence of 10 to 20 years, or between 20, 25, 30 years, and life. The court may fine the convicted person a maximum of $200,000.
- Second-Degree: These include aggravated arson, burglary, sex crimes, drug crimes, kidnapping, and white-collar crimes.
- Convictions in this category can necessitate a sentence of 5 to 10 years and a fine up to $150,000.
- Third-Degree: This category consists of some DUI offenses, some robbery crimes, arson, and possession of a controlled substance.
- A court can order a 3- to a 5-year prison sentence and fines up to $15,000 for those convicted at this level.
- Fourth-Degree: These are the least severe indictable offenses. Crimes include forgery, some DUI and robbery offenses, and stalking.
- A defendant convicted at this level faces from 12 to 18 months in prison and up to $10,000 in fines.
These degrees and their corresponding crimes refer to first offenses only. Any subsequent convictions for the same offense will usually be considered a more severe degree for individual perpetrators. New Jersey law dictates that there should be an “ordinary term” for each degree, as listed above. However, judges can extend sentences for certain crimes (e.g., 20 years to life for a murder charge), impose minimum penalties, or allow for indicted individuals to serve all or a part of their sentences on probation.
Even though indictable crimes are the most serious crimes, there is still a statute of limitations for many of them, meaning that the state has a certain period to open a criminal case before it cannot be brought to court. Although for some of the more serious crimes, this is not a concern.
Below is a summary of the statutes of limitations for indictable offenses:
- There is no statute of limitations for severe crimes like murder and manslaughter, sexual assault, acts of terrorism, widespread damage, or injury.
- Bribery of a government official, official misconduct, related offenses (7 years)
- Other felony offenses (5 years)
- Criminal sexual contact or endangering the welfare of a child with an under-18 victim (whichever is later: within 5 years after the victim turns 18 or 2 years of crime discovery by the victim)
An indictable crime can seriously affect your life, as a conviction becomes part of your permanent record and can make it challenging to get a job or an apartment and eliminates your voting, gun, and professional license rights. Additionally, If you were convicted of a prior felony, a harsher sentence may be imposed. An experienced criminal defense lawyer should always be consulted to help reduce sentences and make plea deals. If you need a defense attorney, contact the Law Office of Zapicchi & Liller LLP before it is too late!
In addition to indictable offense representation, if you require a speeding ticket lawyer in Monmouth County, NJ, or a DWI/DUI lawyer in Mercer County, NJ, call the Law Office of Zapicchi & Liller LLP today!