Monmouth County Robbery Lawyer
New Jersey Statutes §2C:15-1 defines robbery as the theft of property or an item of value from another person, where a threat of use of force or actual use of force is used to accomplish the theft. The use or threat of force can be a punch or kick, or with the use of a knife, club, firearm or any other object that can inflict physical injury.
Individuals charged with robbery could face serious consequences if they do not retain a dedicated criminal defense attorney. If you or a loved one need an experienced and effective robbery defense, a Monmouth County robbery lawyer may be able to help.Penalties for Robbery Convictions in Monmouth County
If a person is convicted of committing robbery, the offense is a felony regardless of the exact situation. However, New Jersey law defines various degrees of this offense that equate to different levels of punishments based on the specific circumstances of the case. A Monmouth County robbery attorney could further clarify into which category an individual charge falls.
The theft of the property of another person with the threat of or actual use of force or violence is a crime in the second-degree in New Jersey. This offense carries a term of five to ten years in prison.Aggravating Factors for Robbery Offenses
Meanwhile, if a robbery involves the theft of another’s property with the use of a deadly weapon—typically a knife, club, or firearm—the offense may be upgraded to a first-degree crime. Such offenses are punishable by a term of ten to twenty years in prison.
Finally, the crime of carjacking is a felony robbery offense which carries an enhanced penalty. N.J.S. §2C:15-2 defines carjacking as the act of taking the motor vehicle of another in the owner’s presence, with the use of force of the threat of force. The penalty for carjacking is ten to thirty years in prison, with a mandatory minimum term of five years in prison.Defenses to Robbery Charges
Potential defenses to robbery charges can reduce the charge of robbery to a lesser offense or cause the entire case to be dismissed. A Monmouth County robbery lawyer could be of significant assistance with pursuing either of these outcomes.Robbery Elements Not Established
A robbery charge includes the lesser offense of simple theft. A theft charge generally carries a much lower penalty because it did not involve the use of force or violence. As such, an experienced defense lawyer could contest the testimony of victims, who may have exaggerated the threats or acts of the alleged offender.Lack of Identification
The most basic defense to a robbery charge is that the person charged did not commit the offense. Every case has its own specific facts, but eyewitnesses can be notoriously inaccurate and thereby contested by experienced robbery lawyers in Monmouth County. When the defendant is arrested after the commission of the offense, the steps police took to identify the arrested person can also be subject to further questioning in this manner.Lack of Intent
The crime of robbery is a specific intent crime. This means a person charged with the offense must have intended to knowingly deprive another person of their property, as well as to use force or the threat of force to do so. In many cases, however, the alleged offense is actually the result of a mistake or an imperfect interpretation of the facts.
For example, a person charged with the theft of a backpack may have honestly thought the backpack “taken” was their own personal property. If the facts of the case show the lack of criminal intent, an attorney could pursue a dismissal of any associated robbery charge.Contacting a Monmouth County Robbery Attorney
A Monmouth County robbery lawyer is available now to discuss your case. Call today to schedule an initial appointment and learn what a skilled attorney could do to help you.