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Many people think theft and robbery are the same thing, but under New Jersey law, they’re very different. Theft involves taking someone else’s property without permission. Robbery, on the other hand, occurs when force or the threat of harm is used while committing a theft. Because it is treated as a violent crime, a robbery conviction often carries severe consequences, including fines and up to 20 years in prison, subject to the No Early Release Act (85% parole disqualifier).
Being charged with robbery in New Jersey is a serious matter. A conviction means you’re likely to face time in state prison, and you’ll have to serve most of that sentence. This kind of conviction can impact your life long-term. That’s why it’s critical to have a lawyer with a strong track record in robbery cases.
At Lustberg Law Offices, LLC, our New Jersey robbery lawyer takes the time to look closely at every detail of your case and build a defense aimed at protecting your rights and your future. Attorney Adam Lustberg has spent years working with prosecutors and judges in New Jersey, and he uses that experience to push for the best possible outcome for his clients.
If you’re facing robbery charges in New Jersey, call us today at (201) 880-5311 to set up a confidential consultation with New Jersey criminal defense lawyer Adam Lustberg.
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.
In New Jersey, theft offenses are categorized based on the value of the property or services stolen, and each category carries different degrees of charges and corresponding penalties.
The degree of the charge not only affects the potential prison time but also the fines and long-term consequences associated with a conviction, such as the impact on one’s criminal record. In all cases, New Jersey law takes theft seriously, and penalties can be severe, emphasizing the importance of legal guidance when facing theft charges.
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.
| Charge Category | Value of Property/Services Stolen | Possible Penalties |
|---|---|---|
| Disorderly Persons Offense | Less than $200 | Up to 6 months in jail and fines |
| Fourth-Degree Theft | $200 – $500 | Up to 18 months in state prison |
| Third-Degree Theft | $500 – $75,000 | 3 to 5 years in state prison |
| Second-Degree Theft | More than $75,000 | 5 to 10 years in state prison and significant fines |
Robbery offenses in New Jersey are categorized into two degrees, each with its own set of legal repercussions. Robbery is typically a second-degree offense.
However, it escalates to a first-degree crime if the perpetrator:
A second-degree robbery charge can result in a sentence of 5 to 10 years in prison, while a first-degree robbery charge can lead to a prison term of 10 to 20 years. The state also employs the No Early Release Act (NERA) for first-degree robbery offenses, which requires that a person serve 85% of their sentence before becoming eligible for parole.
The element of force or threat is what distinguishes robbery from other theft offenses. Physical force, no matter how slight, can elevate a theft to a robbery. This includes any violent action taken to overcome the resistance of the victim or to ensure the success of the theft. Even if the victim is not harmed, the use of force can still lead to a robbery charge.
Threats, on the other hand, involve placing a victim in fear of immediate harm. This can include verbal threats, gestures, or any other action that implies harm. It is not necessary for the threat to be carried out, nor for the victim to be physically injured. The mere implication of harm is enough to warrant a robbery charge if it was used to facilitate the theft.
In New Jersey, the law takes a firm stance against robbery due to its violent nature and the potential for serious harm to victims. Understanding these legal definitions and the severity of the associated penalties is crucial for any individual involved in robbery charges. It is also a reminder of the importance of having knowledgeable legal representation to navigate the complexities of New Jersey’s criminal justice system.
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, LLC, our attorneys have dedicated their practice to helping NJ residents understand their rights under the law. We can help you handle the complicated 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.
Attorney Adam M. Lustberg is an experienced New Jersey defense lawyer with a proven track record of success in criminal cases. Known for his client-focused approach and aggressive courtroom strategies, he works tirelessly to secure the best possible outcomes.
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 in New Jersey is not just a theft offense; it is a violent crime that involves the threat or actual use of force with a weapon. Armed robbery is typically classified as a crime of the first degree in New Jersey, which carries severe penalties.
The sentencing guidelines for a first-degree offense include:
Due to the gravity of the offense, judges have limited discretion to impose a sentence below the statutory minimum unless certain mitigating factors are present and substantially outweigh any aggravating factors.
Prior criminal convictions, especially for violent crimes or firearm-related offenses, can lead to enhanced penalties under New Jersey’s persistent offender laws. This could mean longer sentences and higher fines for those with a significant criminal history
If you have been charged with robbery in New Jersey, it is important to get the help of an experienced New Jersey robbery lawyer. At Lustberg Law Offices, LLC, 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, LLC, we provide a comprehensive legal defense strategy that involves a careful, evidence-based study of the facts of your case. Attorney Adam Lustberg has years of experience 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 Adam Lustberg, call us 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.
Robbery is treated as a serious crime in New Jersey, carrying the potential for long prison sentences and significant fines. However, several defenses may be raised depending on the facts of the case. These defenses do not guarantee dismissal but can play an important role in reducing charges or penalties.
One possible defense is that the property in question actually belonged to the defendant. If ownership rights can be established, the accusation of robbery may not stand. Another defense involves the lack of intent to steal. Robbery requires proof that the defendant intended to take property unlawfully, so if that intent is absent, the charge may be challenged.
Robbery also requires the use of force or threat. If no such element is present, the charge may be reduced to theft, which carries lighter consequences. Mistaken identity is another common defense. Because many robbery cases rely heavily on eyewitness accounts, errors in identification can raise serious doubt about the prosecution’s case.
In some instances, defenses such as insanity or intoxication may be raised as mitigating factors, potentially affecting how responsibility is determined. Additionally, constitutional issues can form a strong defense. If evidence was obtained through an illegal search or if the defendant’s Miranda rights were violated, the court may exclude critical evidence.
Every case is unique, and not all defenses apply in every situation. That is why it is important to have an experienced New Jersey robbery lawyer review the facts. A lawyer can evaluate which defenses are appropriate and build a strategy that fits the circumstances. With careful analysis, the right defense can make a significant difference in the outcome.
A robbery conviction under New Jersey’s NERA statute can have far-reaching effects on your life. Beyond the immediate possibility of a long prison sentence, it can disrupt your personal and professional relationships, limit housing opportunities, restrict gun ownership rights, reduce job prospects, and potentially impact child custody arrangements. Furthermore, a robbery conviction can permanently tarnish your criminal record. It’s clear that the stakes are high, and leaving your defense to chance is not advisable.
Securing a knowledgeable New Jersey robbery lawyer could be crucial. Success in court could mean the difference between charges being dropped and time spent in state prison. At Lustberg Law Offices, LLC, our team of experienced robbery lawyers is well-versed in the tactics used by prosecutors in New Jersey and is dedicated to thorough investigations and strategy development. Facing robbery or armed robbery charges in New Jersey is daunting, but our team is prepared to advocate fiercely on your behalf.
For a free consultation to discuss your defense, reach out to us at (201) 880-5311.
When facing robbery charges in New Jersey, prompt action is crucial. At Lustberg Law Offices, LLC, we can craft a solid legal defense for you and clarify your legal rights. Our team, well-versed in robbery and criminal defense, stands ready to assist.
Serving clients in Hackensack, Bergen County, Hudson County, Essex County, Passaic County, and across NJ, attorney Lustberg brings his extensive criminal defense experience to the table, practicing law in both New Jersey and New York.
Don’t hesitate to reach out. Contact us at (201) 880-5311 to set up a no-cost consultation today.
