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Robbery

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William A ProettaReviewsout of 30 reviews Keith G OliverReviewsout of 55 reviews

Robbery Lawyers in Somerset County NJ

Robbery is one of the most serious charges in New Jersey. Depending on the facts surrounding the incident, the offense of robbery can either be a first or second degree felony. So, at a minimum, anyone convicted of this offense will be serving five years in a state prison. Robbery charges can stem from a cohesive plan or a spur of the moment reaction, unfortunately when determining guilt or innocence, that factor is irrelevant. Whether you have been charged with the offense of robbery as a result of a cohesive plan or based on a shoplifting gone wrong incident in Somerset County, the attorneys at Proetta & Oliver can help. It should be no surprise to hear that New Jersey as a whole, including Somerset County takes robbery offense very seriously. In fact, based on the new bail guidelines, a Defendant charged with robbery may end up being detained in the Somerset County jail, without bail, pending trial. However, before that can occur, the prosecution must file for a Detention Hearing. For more information on Detention Hearings in New Jersey, please see below. If you would like to speak to one of our Somerset County criminal defense lawyers about your options then please contact us at (908)533-1064.

The criminal defense attorneys at Proetta & Oliver have been defending clients accused of crimes like robbery, burglary, theft of movable property, theft by deception, receiving stolen property and shoplifting in courts throughout New Jersey, including Somerset and Hunterdon County. Our attorneys have dedicated their entire careers to defending those accused of crimes in New Jersey. We are well aware of what a criminal conviction for robbery let alone the lengthy jail sentence can do to someone’s life. Our office serves all of Somerset and Hunterdon County, including Clinton, Somerville, Flemington, Bound Brook, South Bound Brook, Bridgewater, Raritan, Franklin, North Plainfield and Watchung. To speak to one of our attorneys immediately about your options please contact us at (908)533-1064. These are very serious charges and if not handled properly could cost a Defendant their freedom for up to twenty years.

Hunterdon County NJ Robbery Defense Lawyer

Robbery Charges in NJ: NJSA 2C:15-1

As touched upon above, the offense of robbery can occur out of a variety of different situations. Whether you have been charged with robbery as a result of a scheme, a fight or a shoplifting gone wrong, the criminal defense attorneys at Proetta & Oliver can help. Robbery charges in New Jersey will be governed by NJSA 2C:15. The legislature has chosen to break the statute in to two different subsections. Basically whether or not a deadly weapon was used will separate the two degrees and as you will see below, that factor could cost a Defendant an additional fifteen years of their life. In essence, a robbery situation is when force or the threat thereof is used in order to commit a theft. Here is a breakdown of the two different degrees of robbery in New Jersey.

Second Degree Robbery Attorneys: NJSA 2C:15-1

To be convicted of a second degree robbery in New Jersey, the prosecution must prove the following elements beyond a reasonable doubt:

  • While committing a theft the Defendant;
    • Knowingly inflicted bodily injury or used force upon another; or
    • Threatened another with or purposely put another in fear of immediate bodily injury; or
    • Committed or threatened immediately to commit the crime of the first or second degree. (Most common is aggravated assault)

First Degree Robbery Lawyers: NJSA 2C:15-1

In order to be guilty of a first degree robbery charge in New Jersey, the prosecution must prove the following elements beyond a reasonable doubt:

  • While committing a theft the Defendant:
    • Knowingly inflicted bodily injury or used force upon another; or
    • Threatened another with or purposely put another in fear of immediate bodily injury; or
    • Committed or threatened immediately to commit the crime of the first or second degree. (Most common is aggravated assault).

In addition to those elements, the prosecution must prove one of the following:

  • If the during the theft, the Defendant attempted to kill another; or
  • Purposely inflicts or attempts to inflict serious bodily injury; or
  • Is armed with, uses or threatens the immediate use of a “deadly weapon”

Basically, the offense of robbery gets elevated to a first degree if it is alleged that the Defendant used a deadly weapon, attempted to kill or inflict serious bodily injury. So as you can tell, it does not take much in theory to at least be charged with a first degree robbery as opposed to a second degree. However, convicting someone of a first degree robbery without solid facts to back up a first degree charge can prove to be problematic. To speak to one of our criminal defense attorneys about your options please contact us at (908)533-1064.

Can I get Bail on a Robbery Charge in NJ?

As of 2017 the bail system in New Jersey has forever changed. We are now based purely on a risk assessment basis. For lower level offenses, that usually translate to more Defendants being released pretrial either on a ROR status or with certain pretrial conditions, including electronic monitoring. However, for more serious charges like robbery, the prosecution now has the ability to detain a Defendant in the Somerset County jail, without bail, pending trial. However, before that can occur a Detention Hearing must be heard. These hearings can and always should be contested. To speak to one of our attorneys about detention hearings please contact us at (908)533-1064.

What is the Jail time on a Robbery Charge in NJ?

Robbery can either be a first or second degree felony in New Jersey. Both degrees are serious and both carry a presumption of imprisonment if convicted. Here is a breakdown in the potential penalties.

1st Degree Armed Robbery Penalties in NJ

  • 10 to 20 years in Prison
    • Presumption of Incarceration
    • No Early Release Act Applies
  • $200,000 Fine
  • Felony Criminal Record;
  • 5 years of Parole once Released.

2nd Degree Robbery Penalties in NJ

  • 5 to 10 years in Prison
    • Presumption of Incarceration
    • No Early Release Act Applies
  • $150,000 Fine
  • Felony Criminal Record;
  • 3 years of Parole once Released.

Robbery Defense Attorneys in Readington NJ

Being charged with a criminal offense can be nerve wracking. However, being charged with a robbery charge can be downright terrifying. Hiring the right attorney, one has defend these types of charges in the past and who is familiar with the specific court can go a long way to alleviating that stress. If you have been charged with robbery, carjacking, unlawful possession of a weapon, possession of a weapon for unlawful purpose, aggravated assault or terroristic threats in Somerset or Hunterdon County, the criminal defense attorneys at Proetta & Oliver can help. We serve all of Somerset County including Bound Brook, Bernards, Franklin, Flemington, North Plainfield, Manville, Montgomery, Hillsborough and Watchung. To speak to one of our attorney about your options then please contact us at (908)533-1064.