Armed robbery in New Jersey is a serious offense that carries significant legal consequences, including long prison sentences, hefty fines, and a permanent criminal record. Consulting a robbery lawyer in New Jersey as early as possible is important. New Jersey’s laws on armed robbery are especially strict, increasing the severity of the potential penalties upon conviction. Securing experienced representation from attorney Adam M. Lustberg, an experienced Bergen County criminal lawyer, can help mitigate the charges or get them dismissed altogether.
You need a legal team with a clear understanding of the governing laws and the defenses applicable to your case. Lustberg Law Offices, LLC can provide the guidance and representation you need to protect your rights. We devise defense strategies tailored to the specific facts of your case and aimed at securing the best possible outcome. Contact us at (201) 880-5311 to discuss your case and explore your legal options.
Armed Robbery Explained: Definition and Legal Framework
Armed robbery is defined as theft combined with violence, usually involving the use or threat of a weapon. Under New Jersey’s robbery statute, N.J.S.A. 2C:15-1, armed robbery generally occurs when a person attempts or successfully takes property from another during a theft. This is accomplished by using force or threatening immediate bodily injury while armed with, using, or threatening the immediate use of a deadly weapon.
The presence and possession of a weapon is what escalates these cases from theft, and is a key reason they are treated more severely under the law.
How Armed Robbery Differs from Simple Robbery
While both armed and simple robbery involve the unlawful taking of property, the key distinction lies in the use of a weapon. Simple robbery might involve physical force or intimidation, but does not involve a weapon. In contrast, armed robbery involves a weapon, which significantly increases the potential harm or threat to the victim, thereby attracting harsher penalties under the law.
Overview of New Jersey’s Legal Statutes on Armed Robbery
New Jersey’s robbery statute, N.J.S.A. 2C:15-1, defines robbery as a theft committed with force, threats of immediate bodily injury, or in the course of certain other serious crimes. Robbery is ordinarily a second-degree offense, but it is elevated to a first-degree crime if, in the course of committing the theft, the actor attempts to kill, purposely inflicts or attempts to inflict serious bodily injury, or is armed with, uses, or threatens the immediate use of a deadly weapon.
In Bergen County, cases are typically investigated by local police departments or county task forces, charged by the Bergen County Prosecutor’s Office, and heard in the Superior Court at the Justice Center in Hackensack. Penalties reflect the gravity of the offense; defendants can expect long state-prison terms and substantial fines, underscoring the need for experienced legal assistance to protect the rights of the accused.
For example, an armed robbery allegation arising from an incident near The Shops at Riverside, or from a confrontation near Westfield Garden State Plaza in Paramus, will typically be handled in the same Bergen County court system.
The Elements of Armed Robbery in New Jersey
Armed robbery in New Jersey is defined by specific elements that must be proven for a conviction. Knowing these elements is crucial for both the prosecution and defense in a robbery case.
The Use of a Weapon: What Qualifies?
In New Jersey, the legal definition of a weapon in the context of armed robbery extends beyond firearms to include any object capable of causing death or serious bodily injury, or that the victim perceives as such under the circumstances. This broad definition can encompass knives, blunt instruments, and even improvised objects that are not traditionally considered weapons but are used in a threatening manner during the commission of a robbery.
Intent in Armed Robbery Cases
Intent to commit the underlying theft is required. However, how the law treats the weapon depends on what kind of weapon it is. When the alleged weapon is a firearm, New Jersey courts have held that having the gun accessible during the robbery can be enough to support first-degree robbery, even if the firearm is not actually used.
When the alleged weapon is not a firearm (for example, a folding knife or kitchen knife), the New Jersey Supreme Court has made clear that the State must prove the object was used or intended to be used as a deadly weapon and that the defendant had immediate access to it before the robbery can be elevated to a first-degree crime.
Force or Threat: Explaining the Requirement
The use of force or the threat of inflicting immediate bodily injury is what elevates a theft to robbery. A weapon can make a threat more compelling, but robbery itself still requires the use of force or a qualifying threat. Separately, the crime is elevated to a first-degree offense if, in the course of committing the theft, the actor attempts to kill, purposely inflicts or attempts to inflict serious bodily injury, or is armed with, uses, or threatens the immediate use of a deadly weapon.
For firearms, being armed with a gun during a robbery can be enough to support a first-degree charge. For other objects, courts look at whether the item was used or intended to be used as a deadly weapon, along with the level of force involved, when assessing the degree of the charge and the resulting penalties.
Charges and Penalties for Armed Robbery in NJ
In New Jersey, the legal system imposes stringent penalties for armed robbery, reflecting the severity and violent nature of the offense.
Grading of Armed Robbery Offenses
Armed robbery is classified as a first-degree crime, one of the most severe charges under state law. This classification is due to the involvement of a weapon, which significantly increases the threat and potential harm to the victim. First-degree charges are reserved for the most serious crimes, often tried at the Superior Court in Hackensack and underscoring the aggressive stance New Jersey takes on violent crime.
Typical Sentencing Ranges for Convictions
For first-degree robbery, the ordinary sentencing range is 10 to 20 years. Robbery sentences that fall under the No Early Release Act require service of 85% of the term before parole eligibility, followed by a period of parole supervision: five years for first-degree robbery and three years for second-degree robbery. Robbery that does not meet the requirements for first-degree grading is ordinarily a second-degree crime, punishable by 5 to 10 years in prison.
In Bergen County, people convicted of serious robbery offenses may initially be held at the Bergen County Jail / Bergen County Corrections & Rehabilitation Center in Hackensack before or after sentencing. From there, those serving long first-degree robbery sentences can be transferred to New Jersey state prisons to serve the balance of their time under NERA. Sentencing decisions in Hackensack’s criminal courts are influenced by local factors, such as the defendant’s ties to the community, prior record, and the impact of the offense. Having a New Jersey robbery lawyer who understands how judges in the Bergen County Justice Center evaluate robbery cases can make a meaningful difference in the outcome.
Impact of Prior Convictions on Sentencing
Prior criminal convictions can significantly affect the sentencing in armed robbery cases. If the defendant has a history of criminal activity, particularly previous violent crimes or robbery-related offenses, the court may impose a harsher sentence. New Jersey’s persistent offender statute can lead to extended terms of imprisonment for those with significant criminal histories, aiming to deter repeat offenders from committing further crimes and enhance protection for the community.
New Jersey Robbery Lawyer – Lustberg Law Offices, LLC
Adam M. Lustberg
Adam M. Lustberg is an experienced robbery lawyer who has spent his entire career focused on criminal defense, handling cases at every stage, from arraignment through jury trial. His advocacy includes appearing in detention hearings under New Jersey’s criminal justice reform, as well as handling serious indictable offenses such as aggravated assault, weapons offenses, burglary, and homicide. Admitted in New Jersey and New York, he brings seasoned judgment to high-stakes moments when your record, freedom, and future matter most.
Adam’s track record includes recognition such as a 10.0 Avvo rating, selection to Super Lawyers – Rising Stars for six consecutive years, inclusion among Bergen’s Best Lawyers from (201) Magazine, and The National Trial Lawyers Top 100 Trial Lawyers list in 2014. He pairs meticulous preparation with relentless advocacy to pursue dismissals, reductions, and defense verdicts for clients charged with robbery and related offenses.
Understanding the No Early Release Act (NERA) in New Jersey Robbery Cases
In New Jersey, the No Early Release Act (NERA) plays a crucial role in determining the sentencing and parole eligibility of individuals convicted of robbery. This law mandates that anyone convicted of certain violent crimes, including robbery, must serve at least 85% of their prison sentence before becoming eligible for parole.
The NERA is designed to ensure that those convicted of serious offenses, such as robbery, serve the majority of their sentences to promote public safety and deterrence. For a robbery conviction, this act applies regardless of whether it is classified as a first-degree or second-degree crime.
Upon completion of the mandatory 85% of their sentence, individuals are not immediately free of legal supervision. The act stipulates a mandatory parole supervision period post-release, which lasts for five years for first-degree offenses and three years for second-degree offenses. This extended supervision aims to integrate the convict back into society safely and effectively, thereby reducing the risk of recidivism.
For anyone facing robbery charges in New Jersey, understanding the implications of NERA is essential. An experienced New Jersey robbery lawyer can provide clarity on how NERA may impact your case, help guide you through the legal system, and work toward achieving the most favorable outcome. Contact Lustberg Law Offices, LLC today to schedule a consultation.
Defense Strategies in Armed Robbery Cases
When someone is accused of a crime such as robbery, several defense strategies may be available to challenge the charges. Each strategy relies on presenting evidence to the court that may call into question the validity of the charges or the circumstances surrounding the alleged crime.
- Intoxication: Under New Jersey law, intoxication is generally not a defense unless it negates an element of the offense, such as the intent required for the underlying theft. Voluntary intoxication rarely provides a complete defense, but in some cases it may be raised to argue that the defendant was too impaired to form the required purposeful or knowing mental state.
- Entrapment: Entrapment occurs when a law enforcement officer or government agent induces someone to commit a crime that they would not have otherwise committed. Proving entrapment can be challenging but if successful, it can invalidate the criminal charges as it demonstrates that the defendant’s actions were not the result of their own intent.
- Duress: Duress is another defense where the defendant argues that they were coerced into committing the crime through threats of imminent harm or death. This requires showing that there was a real, immediate, and unavoidable threat present at the time of the crime, compelling the defendant to act against their will.
- Ownership: In some cases, a genuine belief that the property was yours can affect the theft element of a robbery charge. New Jersey’s theft statute recognizes an “honest claim of right” as an affirmative defense to certain theft offenses, because it can negate the intent to unlawfully deprive another person of their property. However, using force or a weapon to take or retake property can still lead to serious robbery and weapons charges, even if you believed you had some claim to the items.
Each of these defenses requires careful legal analysis and strategic implementation to effectively argue before a court, taking into consideration the specifics of New Jersey robbery laws and the evidence at hand.
| Defense Strategy | Explanation | When It Applies |
|---|---|---|
| Intoxication | The defendant was impaired by drugs or alcohol during the crime. If involuntary, it may be a complete defense; if voluntary, it might reduce sentencing. | When the defendant was intoxicated at the time of the robbery, especially if the intoxication was not their choice. |
| Entrapment | The crime was committed because law enforcement pressured or convinced the defendant to do it. | When the defendant would not have committed the robbery without encouragement or pressure from police. |
| Duress | The defendant was forced to commit the crime due to threats of serious harm or death. | When there was an immediate and unavoidable threat that left the defendant no safe option. |
| Ownership | The defendant claims they believed the property taken was their own. | When there is reason to believe the items involved belonged to the defendant or were taken under a claim of right. |
Long-Term Consequences of an Armed Robbery Conviction
An armed robbery conviction in New Jersey can have profound and enduring effects on an individual’s life beyond the immediate legal penalties. The long-term consequences of a conviction can have a profound impact on a defendant’s employment prospects and social and family relationships.
Impact on Employment Opportunities
A conviction for armed robbery can severely restrict a person’s ability to secure employment. Employers often conduct background checks and may be hesitant to hire someone with a felony record, particularly one involving violence. This can lead to significant challenges in finding gainful employment, as many fields specifically exclude individuals with such convictions from consideration.
Social and Family Life Alterations
The social and familial consequences of an armed robbery conviction can be far-reaching. Individuals may experience strained relationships with family and friends, who may distance themselves due to the stigma associated with the conviction. Social isolation can result, impacting the individual’s support network, which is crucial for reintegration into society post-incarceration.
Possibilities for Record Expungement or Appeals
In New Jersey, robbery convictions under N.J.S.A. 2C:15-1 are not eligible for expungement. The expungement statute expressly lists robbery among offenses that ‘shall not be subject to expungement.’ Appeals, however, are available to challenge convictions or sentences based on legal error. Appeals must be based on potential errors in the trial or legal process and require substantial evidence to be considered by the appellate courts. Knowing these legal avenues is crucial for those seeking any form of post-conviction relief.
Protect Your Rights with Experienced Legal Support
Facing armed robbery charges in New Jersey can significantly affect your life, from your personal freedom to your future job prospects. Understanding the laws and potential defenses in such cases is crucial. At Lustberg Law Offices, LLC, our New Jersey robbery attorneys are well-equipped with the knowledge and experience needed to craft a strong defense. We focus on creating a strategy that is tailored to the unique aspects of your case, aiming for outcomes that preserve your freedom and protect your future.
If you or a loved one has been charged with armed robbery in Hackensack or anywhere in Bergen County, New Jersey, it’s critical to act quickly to protect your rights and start building a strong defense. Contact Lustberg Law Offices, LLC today at (201) 880-5311 to schedule a consultation. Let us help you understand your legal options and start building a defense strategy that is designed to protect your interests.
