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!