Robbery is a first degree or second degree crime so it is obviously a very serious matter if you have been charged with this offense in Ocean County. A conviction for stealing results in years in state prison when it is committed by threatening or using force (a.k.a. strong arm robbery) or with a weapon (a.k.a. armed robbery). The extreme penalties if you are convicted at the Superior Court in Toms River make representation by an experienced defense attorney imperative. Our lawyers are savvy advocates with over a century of combined experience representing clients arrested for robbery in Toms River, Brick, Manchester, Berkeley, Jackson and every other community in Ocean County. The former prosecutors and highly knowledgeable attorneys at Marshall Bonus Proetta & Oliver have been defending charges like yours for over 100 years collectively. A lawyer is available immediately to assist you by contacting our Toms River Office at (732) 286-6500. Initial consultations are free of charge.Robbery in Ocean County
A criminal complaint or formal indictment for robbery arises out of N.J.S.A. 2C:15-1. The essence of this law is an offense that is a combination of a theft and an assault. A robbery occurs when the accused engages in any of the following during the course of committing a theft: (1) inflicts bodily injury or uses force; (2) threatens or puts another in fear of injury; or (3) commits or threatens to immediately commit a crime of the first or second degree. Robbery is typically a second degree crime but escalates to a first degree crime if the actor inflicted or attempted to inflict serious bodily injury or is armed.
Material Elements. There are four material elements that must be established, beyond reasonable doubt, in order to sustain a conviction. First, you must commit or attempt to commit a theft. Second, you must have used force, threatened to use force or have inflicted injury on the victim. Third, the conduct must have occurred at the time of the theft or while flight. The fourth and final proof required under 2C:15-1 is that the defendant's conduct be purposeful. An additional element exists for first degree robbery, namely, that the actor inflicted or attempted to inflict serious bodily injury or was armed.
Accomplice Liability. A common scenario in robbery cases is the existence of a co-defendant who was not actively involved in the theft but help to arrange the encounter, acted as a lookout or served in some other role. As long as the accused aids in accomplishing the robbery, he/she may be convicted for conspiracy to commit robbery. The conspiracy can even escalate to a first degree case if the shared intent was to commit an armed robbery.
Penalties for Robbery. Second degree robbery, often referred to as a strong arm robbery, results in 5-10 years in prison and a fine that can reach $150,000. First degree robbery carries penalties that includes a $200,000 fine and 10-20 years in prison. A conviction for either grade of offense falls under the No Early Release Act ("NERA"). NERA requires that an individual serve at least 85% of his/her prison term before becoming eligible for parole.Brick NJ Robbery Defense Lawyer
Prosecutors take robbery extremely serious and do everything in their power to send someone to prison if they believe they committed this offense. Your best chance of escaping these efforts is going to be through representation by a skilled defense lawyer. The attorneys at the Toms River Criminal Firm of Marshall Bonus Proetta & Oliver are seasoned advocates who have successfully represented individuals charged with robbery in Stafford, Berkeley, Lakewood, Little Egg Harbor, Ocean Township and other local municipalities. An attorney with the know how to help you avoid a conviction under N.J.S.A. 2C:15-1 is available to assist you immediately at (732) 286-6500.