Robbery Attorneys in Paramus NJ

The governing statute in New Jersey for Robbery is N.J.S.A. 2C:15.  Robbery is one of the most serious charges in the New Jersey Criminal Code.  Depending on the underline facts of the case, robbery can either be a first or second degree indictable (felony).  Before a robbery can occur there must be an underline theft that takes place. With that being said it’s very common for what starts out as a simple shoplifting and/or theft to quickly escalate into a robbery charge.  When this happens the applicable penalties change drastically. The Law Offices of Jonathan F. Marshall has been defending individuals charged with robbery, burglary, receiving stolen property, theft by deception, burglary and aggravated assault in towns like Hackensack, Fort Lee, Teaneck, Englewood, Elmwood Park, Lodi, Garfield, Montvale, Ramsey and East Rutherford for over fifteen years. At the Law Offices of Jonathan F. Marshall, our credentials and experience include the following:

  • Over two-hundred (200) years of combined experience
  • Our law firm has eleven (11) criminal defense attorneys
    • Our firm has seven (7)  former prosecutors
      • Our firm has four (4) former assistant county prosecutors that held directorial roles in the Drug, Gang, and Gun Task Force, Major Crimes Division, Trial Team, and the Juvenile Team
      • Several of our attorneys are selected to the National Trial Lawyers Top 100 or Top 40 Under 40
        • Our firm has two (2) attorneys selected to Thomson Reuters Super Lawyers Rising Stars List for criminal defense here in New Jersey, only 2.5% of attorneys in New Jersey are selected to this list
          • Our firm has one (1) attorney certified by the Supreme Court of New Jersey as a Certified Criminal Trial Attorney, less than 1% percent of attorneys in this state hold this prestigious distinction

Fair Lawn NJ Robbery Lawyer

Elements of the offense: N.J.S.A. 2C:15-1

The Bergen County Prosecutor’s Office must be able to prove four (4) key elements beyond a reasonable doubt before one can be convicted of second degree robbery in New Jersey, they are as follows:

  1. That the defendant either committed or attempted to commit a theft; and
  2. That the defendant either inflicted bodily injury, used force, threatened the victim of immediate bodily injury, or that the defendant committed or threatened to commit any crime of the first or second degree; and
  3. That the aforementioned conduct occurred at the time of the theft or immediate flight from the theft; and
  4. That the defendant acted purposely. 

If the Defendant is charged with first degree robbery, in addition to the aforesaid elements, then the Bergen County Prosecutor’s Office must also prove one of the three following elements. That during the theft or attempted theft the defendant:

  • Attempted to kill; or
  • That the defendant purposely inflicted or attempted to inflict serious bodily injury; or
  • That the defendant was either armed or threatened the immediate use of a deadly weapon.

Here is a brief scenario of how a simple shoplifting offense can turn into nightmare: Say someone enters a convenience store with the desire to simply shoplift a pack of gum but in the midst of doing so pushes the store clerk who is attempting to prevent the defendant from leaving.  That defendant runs the risk of turning a minor shoplifting charge into a second degree robbery and a possible first depending on the injuries suffered.   It is also important to note here, that a lesser included offense of robbery is some form of a theft charge.  So do not be surprised if you are charged with both a robbery and theft charge.

Penalties for Robbery in NJ?

Second degree Robbery:

Pursuant to N.J.S.A. 2C:43-1 a crime of the second degree carries:

  • A presumption of incarceration.
    • This means that if you plead guilty or are convicted after trial then it is presumed the defendant will be sentenced to prison.
  • The range which one is subjected  too is not less than five (5) years, but not more than ten (10) years in a New Jersey State Prison.
  • A fine of up to $150,000.00.

First degree Robbery:

Pursuant to N.J.S.A. 2C:43-1 a crime of the first degree carries:

  • A presumption of incarceration.
  • A defendant convicted of first degree robbery can face at a minimum ten (10) years in state prison, and at a maximum to twenty (20) years in a New Jersey State Prison.

It should also be noted here that a conviction for robbery automatically implicates the No Early Release Act (“NERA”). NERA requires that a defendant serve at least 85% of their original sentence before they can be eligible for parole. Obviously this disqualifies a defendant from being accepted into the Intensive Supervision Program (“ISP”).

Fort Lee NJ Robbery Attorneys

As stated earlier, what could have started out as a simply shoplifting charge can quickly transcend into a robbery charge. If convicted of robbery a defendant will subject themselves to a long period of incarceration. At the Law Offices of Jonathan F. Marshall, we have the experience, knowledge, and man-power to help combat a robbery charge in Bergen County. If you need any further information regarding your theft or fraud charges please contact any one of our Bergen County offices for a free consultation.