A robbery charge is always serious and is not something that should be left to the inexperienced. A robbery conviction carries a presumption of incarceration in state prison which can range up to 20 years. These types of crimes are often very complicated and have issues that must be litigated by an experienced criminal lawyer. As founding attorney, William Proetta has handled well over a thousand criminal and municipal court cases including robbery charges. With our office conveniently located in Scotch Plains, Mr. Proetta appears in court throughout Union County, New Jersey including Cranford, Roselle, Hillside, Rahway, Union Township, Linden, and Plainfield. If you would like to speak with an experienced robbery lawyer contact us at (201) 793-8018 for a free initial consultation.
2C:15-1 New Jersey Robbery Law
The statute for the crime of robbery in New Jersey, is listed below, in pertinent part, for your convenience
§ 2C:15-1. Robbery
a. Robbery defined. A person is guilty of robbery if, in the course of committing a theft, he:
(1) Inflicts bodily injury or uses force upon another; or
(2) Threatens another with or purposely puts him in fear of immediate bodily injury; or
(3) Commits or threatens immediately to commit any crime of the first or second degree.
b. Grading. Robbery is a crime of the second degree, except that it is a crime of the first degree if in the course of committing the theft the actor attempts to kill anyone, or purposely inflicts or attempts to inflict serious bodily injury, or is armed with, or uses or threatens the immediate use of a deadly weapon.
1st Degree Robbery
Serious bodily injury/attempt to kill or weapon used
10 – 20 years in prison; incarceration presumed
2nd Degree Robbery
Force or threat of force to commit a theft
5 – 10 years in state prison; incarceration presumed
Elements of a Robbery Crime
1) Defendant committed a theft or attempted to commit a theft;
2) Defendant inflicted bodily injury, threatened to put in fear of bodily injury, or used force or threatened to commit any crime of the first or second degree;
3) Conduct occurred at the time of the [attempted] theft, or the immediate flight thereof;
4) Defendant acted purposely; even if bodily injury was inflicted recklessly.
Plainfield NJ Robbery Criminal Attorney
As stated in the above statute, robbery can be upgraded to 1st degree armed robbery if there is an attempt to kill, threat of a deadly weapon, or the victim suffers “serious bodily injury”.
How Serious is “Serious Bodily Injury”?
Serious bodily injury is a standard that means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
What is the Definition of “Deadly Weapon”?
A deadly weapon includes a firearm or other weapon or instrument capable of producing death or serious bodily injury. This includes an imitation firearm or BB gun.
Westfield NJ Armed Robbery Charges Lawyer
Robbery charges are some of the most serious crimes that our firm handles in New Jersey. A crime of robbery falls under the No Early Release Act (NERA) so, if convicted, you will have to serve a mandatory minimum of 85% of the sentence imposed before even being eligible for parole. It is also important to note that if a firearm is used during the commission of the offense then The Graves Act will apply and require additional mandatory incarceration. At the Proetta & Oliver, we often see less severe crimes such as shoplifting or simple assault quickly escalate into 2nd degree robbery charges. For example is this can happen if during the commission of a shoplifting you use force against a security guard or if during a fight you take money or a cell phone from the victim. This is just a small look into some of the variables that go into an average robbery case. We represent clients charged with robbery throughout New Jersey including Westfield, New Providence, Summit, Roselle Park, and Kenilworth. If you or a loved one has been charged with robbery or another criminal offense in New Jersey, contact our Cranford office anytime for a free initial consultation at (908) 838-0150.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted