Essex County Robbery Defense Attorney
Robbery and Armed Robbery are very serious charges. Robbery charges are levied when a theft involves a weapon. Even when there is no weapon, the threat by the accused of a weapon, actions or gestures indicating there is a weapon readily available to the accused and even the reasonable belief of a victim that a weapon exists will upgrade the theft charge to robbery. Whether you are an adult or a juvenile, robbery is a very serious charge with substantial penalties. The attorneys at The Darling Law Firm have the experience and resources to immediately begin preparing an effective defense in your matter. Rest assured the government already began to build a case against you before you were charged.
What the State Must Prove
The state must prove its case against you by meeting each of several points enumerated in the Robbery Statute 2C:15-1 which states:
- A person is guilty of robbery if, in the course of committing a theft, he:
- Inflicts bodily injury or uses force upon another; or
- Threatens another with or purposely puts him in fear of immediate bodily injury, or;
- Commits or threatens to immediately commit any crime of the first or second degree.
An act shall be deemed to be “in the course of committing a theft” if it occurs in the attempt to commit theft or in the immediate flight after the immediate attempt or commission
- Robbery is a crime of the second degree except that it is a crime of the first degree if, in the course of committing the theft the actor attempts to kill anyone or purposely inflicts or attempts to inflict serious bodily injury or is armed with or uses or threatens the immediate use of a deadly weapon.
How We Build Your Defense
We look at each element of the robbery statute in preparation of your defense. There are many ways in which we can attack the State’s case against you. By showing you did not have the requisite intent to commit the crime, excluding evidence at trial by filing suppression motions for evidence obtained in violation of your rights, arguing for a lesser sentence by showing your part in the robbery was not as substantial as the State is attempting to prove or showing you were simply an innocent party who was unaware that the robbery was about to occur. We will immediately begin by obtaining the prosecutor’s evidence against you, reviewing the scene, speaking with witnesses and investigating any alibis you may have. We will review the way the police conducted any lineups or other methods of witness identification for prejudice against you. In every matter we seek first to obtain a dismissal of all charges against you. If dismissal is not an option, we are prepared to aggressively represent you at trial.
First And Second Degree Robbery Penalties
Robbery is usually a crime of the second degree with a penalty of 5-10 years in prison. In the event the accused attempts to kill, inflicts or attempts to inflict serious bodily harm, or uses a deadly weapon in the course of the theft it becomes a crime of the first degree. When robbery is escalated to a first degree crime, the penalty increases to 10-20 years in prison.
Use of a Deadly Weapon
Deadly weapons are typically thought of as guns or knives; however, the statutory definition of a deadly weapon includes any “other weapon capable of producing serious bodily injury.” The prosecution will argue to include any items used to cause injury as deadly weapons including items such as bats, utensils such as a fork, sharpened stick, bricks, fists or feet in certain circumstances and anything else which when propelled with adequate force or intent may serve to cause serious bodily injury or death. Armed robbery carries a mandatory term of 10-20 years in prison.
Aggressive Robbery and Armed Robbery Representation Throughout Northern NJ
The Darling Law Firm has locations in Morris and Bergen County, NJ for the convenience of our clients in Morris, Essex, Union, Hudson, Passaic, Bergen, Warren and Sussex Counties. If you are charged with robbery or armed robbery in New Jersey, you will face significant penalties. It is critical for you to contact an experienced criminal defense attorney as soon as you are arrested. We will ensure your rights are protected while aggressively defending you throughout your matter. Call 973-584-6200 now or contact us by e-mail to begin building a defense that will protect your rights and your future. If you are incarcerated we will immediately visit you in jail after you provide payment by Paypal or credit card.
Forms of payment accepted: Cash, Certified Check, Traveler’s Check, Visa, Mastercard, Discover, Money Order and Paypal.
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