Garfield NJ Juvenile Robbery Lawyers
The offense of Robbery is by far one of the most serious offenses one can be charged with in New Jersey. If convicted as an adult, the defendant would be facing between five to twenty years in a New Jersey State Prison. Conversely, if the defendant was charged as a juvenile and was later convicted as a juvenile, they would be facing between three to four years in a Juvenile Detention Center. It is well understood that the Juvenile Justice System is geared towards rehabilitating rather then punishing the juvenile. However, with that being said, they prosecutors take a much different approach if the juvenile is charged with a serious offense like robbery, burglary, carjacking, cocaine distribution or possession of marijuana with the intent to distribute it. The prosecution has the power to file whats known as a waiver motion to seek to have then juvenile matter transferred to the adult criminal division. The older the juvenile is at the time the offense is committed, the more likely it would be that a waiver motion will be filed and/or granted. The Law Offices of Jonathan F. Marshall has been representing juveniles on various juvenile matters throughout Bergen County in towns like Fort Lee, Paramus, Lodi, Garfield, Fair Lawn and Elmwood Park for over fifteen year. Here is some important information with regards to the offense of Robbery.
Juvenile Robbery Attorneys in Teaneck NJ: N.J.S.A. 2C:15
Before a juvenile can be convicted of Robbery in New Jersey the prosecution must prove four (4) material elements beyond a reasonable doubt. They are as follows:
Second Degree Robbery: N.J.S.A. 2C:15-2
The Juvenile either committed/attempted to commit a theft; &
In doing so, the Juvenile either inflicted bodily injury, used force, threatened the victim of immediate bodily injury, or committed or threatened to commit any crime of the first or second degree; &
The aforesaid conduct by the juvenile occurred at the time of the theft or immediate flight from the theft; &
Lastly, the Juvenile defendant acted purposely throughout the entire course of conduct.
First Degree Robbery: N.J.S.A. 2C:15-1
In addition to the aforesaid elements, the state must also prove one of the three following elements occurred:
- During the theft or attempted theft the defendant attempted to kill another; or
- The Juvenile purposely inflicted or attempted to inflict serious bodily injury to another; or
The Juvenile was either armed or threatened the immediate use of a deadly weapon.
Grading of the Offense & Applicable Penalties:
If the juvenile is convicted of a second degree robbery they will be facing up to three years in a Juvenile Detention Center. On the other hand, if the Juvenile is convicted of a first degree robbery they will be facing up to four years in a Juvenile Detention Center. Depending on the facts of the case and the defendant’s prior criminal history, an experienced juvenile criminal defense attorney may be able to convince the Judge and Prosecutor that you deserve the opportunity to benefit from a deferred disposition. If the Judge grants the juvenile a deferred disposition, the defendant will be afforded the opportunity to walk away from these otherwise serious charges without a criminal record if they can complete the diversionary program without violating any of the terms.
Juvenile Criminal Defense Firm in Bergen County NJ
The Law Offices of Jonathan F. Marshall has eight criminal defense attorneys on staff, making us one of the largest criminal defense firms in the state let alone Bergen County. We have over 100 years of combined experience on staff, including over twenty-five years of prosecuting experience. If you or your child has been charged with Robbery as a juvenile it is imperative that you speak to an experienced juvenile defense attorney immediately about your options. Please contact any one of our Bergen County Offices for a free initial consultation about your pending charges.