Middletown NJ Robbery Defense Lawyers
Robbery is universally viewed as a violate crime since it involves the use of force or a threat of violence to commit a theft. The offense is viewed so seriously in New Jersey that the No Early Release Act is triggered whenever someone is convicted under N.J.S.A. 2C:15-1 (“Robbery”). This law requires that eight-five percent of any prison sentence be served by those found guilty of robbery or conspiracy to commit robbery. If you have been charged with robbery, there clearly is no room for delay in hiring a skilled attorney. Our attorneys are former prosecutors and experienced Monmouth County criminal lawyers who comprise the largest defense firm in the region. We have also been defending robbery and other theft related charges for over 100 years between us at the Superior Court. Call our office in Freehold, Middletown, Red Bank or Wall if you would like a free initial consultation with a member of our team.
First Degree or Second Degree Robbery Offense in Freehold
A robbery charge is always an indictable offense that comes in the form of either a first degree or second degree crime. The prosecutor must establish that, during the course of a theft, the accused used force, threatened to cause harm, inflicted bodily injury, or committed or threatened to commit a first or second degree crime. Robbery is typically a second degree crime but is elevated to a first degree crime where one of three circumstances exist. First degree robbery applies where there is an attempt to kill, serious bodily injury is inflicted or attempted, or the defendant is armed or threats immediate use of a deadly weapon. The biggest block of first degree cases stem from an armed robbery.
- Elements of Offense. The four things that must be established beyond reasonable doubt are: (1) the commission or attempt to commit a theft; (2) infliction of bodily injury, use of force, threat to commit harm or the commission or threat to commit a crime of the first or second degree; (3) the conduct occurred either at the time of the theft, the attempt or during flight; and (4) that the defendant acted purposely.
- Penalties. The accused faces a jail term of 5-10 years and a fine of up to $150,000 for second degree robbery. In a first degree case there is a 10-20 year term of imprisonment and a maximum fine of $200,000.
- Accomplice or Conspirator. In many instances an individual is arrested and charged with robbery because they conspired to commit the offense rather than being actively involved in the strong arm or armed robbery. For example, an individual may serve as a “look out”, get away driver or simply be the person who arranged the meeting in which the robbery was to be committed. The key to triggering conspirator liability is the existence of an agreement to facilitate some component of the robbery.
Freehold Robbery Defense Attorney
Since all robbery charges are indictable in nature, the only place where they are dealt with is at the Monmouth Superior Court in Freehold. Our defense team has decades of experience fighting armed robbery, as well as strong arm robbery cases. Several lawyers on our staff are also former prosecutors who have seen how things work from the inside. To speak to an attorney at Marshall, Bonus, Proetta & Oliver, call our Freehold Office at 732-462-1197.