New Jersey Robbery Lawyer
Many people think of theft and robbery as interchangeable. However, this is not the case in New Jersey. Under New Jersey law, theft is the act of unlawfully taking control of someone else’s property, while robbery is the act of subjecting a victim to physical force or threat of bodily harm during the course of committing a theft. Robbery is categorized as a violent crime under New Jersey law, and convictions often carry severe punishments which can include fines and a prison sentence up to 20 years, subject to the No Early Release Act (85% parole disqualifier).
If you have been charged with robbery in New Jersey, you may face serious penalties. A conviction for Robbery will almost certainly result in a state prison sentence, of which 85% must be served before parole eligibility subject to the No Early Release Act (NERA). Getting a conviction on your criminal record can follow you for the rest of your life. This is why it is important to have an experienced robbery lawyer on your side.
Our skilled New Jersey robbery lawyers at Lustberg Law Offices will carefully gather evidence about your case in order to build a strong legal defense against your charges. Attorney Adam Lustberg has worked extensively with prosecutors and judges in the New Jersey court system and knows how to negotiate for a favorable outcome. If you are facing robbery charges, don’t leave your defense up to chance.
Theft is defined by New Jersey law as the act of unlawfully taking or exercising control over someone else’s movable property with the intent to deprive the owner of access to the property. The unlawful takeover of interest or access to immovable property by one person from another is also classified as theft under New Jersey law. New Jersey law also has provisions for theft by deception and by extortion.
The degree and punishment of a theft conviction will depend on the value stolen. Generally, theft with a value under $200 is considered a Disorderly Persons Offense or, colloquially, a misdemeanor. Theft of less than $200 carries a punishment of up to 6 months in prison, the possibility of probation with a fine of up to $1,000. Theft with a value of $200 or more, but less than $500, is a fourth-degree crime in New Jersey and is punishable by up to eighteen (18) months in state prison. Theft with a value of $500 to $75,000, is a third-degree crime in New Jersey and is punishable by up to three (3) years in state prison. The highest degree of theft, theft in the second degree, applies to theft with a value more than $75,000 and carries a punishment of $100,000 in fines and up to 10 years in prison.
Under New Jersey law (NJ Rev Stat § 2C:15-1 (2013)), a person is guilty of robbery if, in the course of committing a theft, he or she:
An act shall be deemed to be included in the phrase “in the course of committing a theft” if it occurs in an attempt to commit theft or in immediate flight after the attempt or commission. This means that, even if the threat or injury occurred after the theft has been committed, robbery charges can still be filed.
Robbery cases are charged as either first-degree or second-degree crimes. First-degree robbery,, which involves an attempt or threat to kill another person, attempting to or successfully inflicting serious bodily injury, or the use of or the threat to use a deadly weapon, constitutes a first-degree charge. The use of a knife or a gun will constitute an armed robbery charge. First-degree robbery is punishable with between 10 and 20 years in state prison subject to the No Early Release Act (85% parole disqualifier).
Simply, robbery is the act of threatening or committing violence and harm to another person in the course of committing theft. Classifying robbery as a violent crime is a key difference that often elevates charges, including punishment, and makes building a legal defense all the more difficult for people charged with robbery in New Jersey.
New Jersey has severe punishments for violent crimes. It is essential that you seek the help of an experienced robbery lawyer who is familiar with the New Jersey criminal justice system. At Lustberg Law Offices, our attorneys have dedicated their practice to helping NJ residents to understand their rights under the law. We can help you navigate the complex legal landscape and provide aggressive representation.
Contact us today at (201) 880-5311 to schedule a free consultation with one of our skilled NJ theft and robbery lawyers.
As indictable offenses, the crimes of robbery and armed robbery in New Jersey are adjudicated in the Superior Court of the county where the alleged crimes took place. A robbery conviction in New Jersey carries a penalty of five to ten years imprisonment for a second-degree charge and 10 to 20 years for a first-degree charge. Armed robbery charges are first-degree charges under New Jersey law.
If you have been charged with robbery in New Jersey, it is important to get the help of an experienced New Jersey robber lawyer. At Lustberg Law Offices, we have built a reputation for doing our due diligence in protecting the rights of New Jersey residents who have been charged with a crime. Attorney Adam Lustberg has dedicated his career to providing quality legal counsel and representation. Contact us to schedule a free consultation and learn more about your legal options.
Call us today at (201) 880-5311.
The No Early Release Act (NERA) is a New Jersey criminal statute passed in 1997 that prohibits defendants from being released from prison before serving at least 85 percent of their entire sentence. Aside from robbery, other charges that fall under the NERA are as follows:
Attempts or conspiracy to commit charges under the list of crimes under the NERA are also subject to the NERA. The NERA will also supersede existing parole eligibility requirements in most cases regardless of other mandatory sentences.
A federal study conducted in 2004 also revealed that, as convictions under the NERA are classified as violent crimes, New Jersey prosecutors are unlikely to downgrade these charges to lesser offenses. This is further discouraged by some charges having a minimum mandatory sentence, commonly known as a sentence with a “stip” or “stipulated period of parole ineligibility.” A good parallel in New Jersey would be gun charges falling under the Graves Act.
The rationale of New Jersey lawmakers in proposing minimum mandatory sentence laws is to discourage criminal behavior. As such, New Jersey is notorious for having severe punishments for criminal acts. Lawmakers have attributed the decrease in violent crimes since 1997 as being a result of the NERA acting as a discouraging factor for those seeking to commit criminal acts. Being convicted of a crime under the NERA makes it difficult for defendants to get parole due to the restrictions under the law.
If you have been charged with a crime under the New Jersey No Early Release Act, seeking the help of an experienced criminal defense attorney is an important step in defending your rights.
At Lustberg Law Offices, we provide a comprehensive legal defense strategy that will involve a careful, evidence-based study of the facts of your case. Attorney Adam Lustberg has years of experience in protecting the rights of individuals charged with a crime in New Jersey. He and his team of New Jersey robbery defense attorneys have helped many individuals charged with crimes and their families navigate the complicated legal landscape of the New Jersey criminal justice system.
To schedule a free consultation with attorney Lustberg, call our offices today at (201) 880-5311.
We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
A conviction for a charge like robbery that falls under the NERA statute can have devastating consequences on a person’s life. Aside from a lengthy jail sentence, a conviction can affect your personal and professional life, your eligibility for housing, your ability to own and possess guns, your employment options, and even the custody of your children. A conviction will also leave a mark on your criminal record that will last for the rest of your life. Your legal defense strategy should not be left up to chance.
The help of an experienced New Jersey robbery attorney can be the difference between the dismissal of your robbery charges and serving a state prison sentence. At Lustberg Law Offices, we have worked extensively in the New Jersey criminal justice system and have developed a familiarity with the legal strategies used by prosecutors in the system. We will leave no stone unturned in our due diligence while investigating your case to ensure the best possible outcome.
If you have been charged with robbery or armed robbery in New Jersey, we may be able to help. We provide aggressive representation to protect our clients’ best interests.
Our attorneys are available for a free consultation, schedule yours at (201) 880-5311.
Time is of the essence when you’ve been charged with robbery in New Jersey. At Lustberg Law Offices, we can help you build a strong legal defense against your charges and help you understand your rights under the law. Our robbery and criminal defense attorneys may be able to help you.
We serve the areas of Hackensack, Bergen County, Hudson County, Essex County, Passaic County, and throughout NJ. As an experienced criminal defense attorney, attorney Lustberg is licensed to practice law in both New Jersey and New York.
Call us today at (201) 880-5311 and schedule your free consultation.