Federal Robbery Lawyers in New Jersey

Federal Robbery Charges: Navigating the Complexities for New Jersey Clients

The Law Offices of Keith Oliver Criminal Law is deeply committed to safeguarding the rights and futures of individuals and businesses across New Jersey facing criminal accusations. While robbery is often perceived as a state-level offense, certain circumstances can trigger federal jurisdiction, leading to a complex legal landscape with potentially severe consequences. Understanding the nuances of federal robbery charges is paramount for anyone facing such allegations in New Jersey. Our firm possesses the experience and dedication necessary to navigate these complexities and provide a robust defense.

The Threshold for Federal Intervention in Robbery Cases

In New Jersey, robbery is primarily governed by N.J.S.A. 2C:15-1, which defines it as the act of inflicting bodily injury or using force upon another in the course of committing a theft, or threatening another with or purposely putting them in fear of immediate bodily injury. These cases are typically adjudicated within the New Jersey state court system. However, the federal government can assert jurisdiction over robbery offenses under specific circumstances, often tied to the nature of the victim, the location of the crime, or the impact on interstate commerce.   

Several key federal statutes grant federal courts the authority to prosecute robbery offenses:

1. Bank Robbery and Incidental Crimes (18 U.S.C. § 2113): This is perhaps the most commonly understood federal robbery offense. It applies to the robbery of any bank, credit union, or savings and loan association that is a member of the Federal Reserve System or whose deposits are insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Administration Board (NCUA). This statute extends beyond the physical taking of money to include entering or attempting to enter such institutions with the intent to commit any felony affecting the institution or any larceny.   

  • Key Provisions:

    • Subsection (a): Prohibits taking or attempting to take property or money from a federally insured financial institution by force, violence, or intimidation. The maximum penalty is 20 years imprisonment, a fine, or both.
    • Subsection (b): Addresses the taking and carrying away of property or money exceeding $1,000 belonging to or in the custody of a federally insured financial institution with the intent to steal. Penalties vary based on the value of the property.
    • Subsection (d): Enhances penalties for assaulting any person or putting their life in jeopardy by using a dangerous weapon or device during the commission of a subsection (a) or (b) offense, increasing the maximum imprisonment to 25 years.
    • Subsection (e): Imposes a mandatory minimum of ten years imprisonment, up to life imprisonment or the death penalty, if any person is killed or forced to accompany the robber without consent during the commission of the offense or in attempting to flee.
    • Broad Definition of “Bank”: The statute broadly defines “bank” to include various financial institutions operating under U.S. law, including branches of foreign banks. “Credit union” and “savings and loan association” also have specific federal definitions under this statute.

  • Example in NJ: The armed robbery of a branch of a national bank located in Newark, NJ, insured by the FDIC, would fall under federal jurisdiction pursuant to 18 U.S.C. § 2113.

2. Interference with Commerce by Threats or Violence (Hobbs Act) (18 U.S.C. § 1951): Enacted to combat racketeering in labor-management disputes, the Hobbs Act has a far-reaching impact on robbery cases. It prohibits robbery or extortion that obstructs, delays, or affects interstate or foreign commerce “in any way or degree.” This broad jurisdictional hook means that the robbery of many businesses in New Jersey can potentially become a federal crime if their operations are deemed to have even a minimal impact on interstate commerce.  

  • Key Provisions:

    • Definition of Robbery: The Hobbs Act defines robbery as “the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, by means of actual or threatened force, or violence, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining.” This definition closely mirrors common state law definitions of robbery.  
    • Interstate Commerce Nexus: The crucial element for federal jurisdiction under the Hobbs Act is the impact on interstate commerce. This can be established in various ways, such as the business receiving goods from out of state, making sales to customers in other states, or having employees who travel across state lines. Even a small effect on interstate commerce is sufficient.
    • Penalties: Violations of the Hobbs Act can result in a maximum sentence of 20 years imprisonment, a fine, or both. Conspiracy to commit robbery under the Hobbs Act also carries the same penalties.  

  • Example in NJ: The robbery of a large retail store in Middletown, NJ, that receives a significant portion of its inventory from out-of-state suppliers would likely be prosecuted federally under the Hobbs Act, as the robbery would obstruct or affect the flow of goods in interstate commerce. Similarly, the robbery of a restaurant that regularly serves out-of-state tourists could also fall under federal jurisdiction.

3. Robbery of Government Property or Personnel (18 U.S.C. § 2112): This statute specifically targets the robbery or attempted robbery of “any kind of personal property belonging to the United States.” It also covers assaults on any person having lawful charge, control, or custody of such property.  

  • Key Provisions: The statute carries a maximum penalty of 15 years imprisonment.
  • Example in NJ: The armed robbery of a U.S. Postal Service mail carrier in Trenton, NJ, to steal mail (federal property) would be a federal offense under this statute. Similarly, the robbery of equipment from a federal building in Newark would also fall under federal jurisdiction.

4. Robbery of Controlled Substances (18 U.S.C. § 2118): This statute addresses the robbery of controlled substances from a pharmacy or other DEA-registered handler. 

  • Key Provisions: The penalties vary depending on whether a dangerous weapon is used. If a dangerous weapon is used, the maximum penalty is 25 years imprisonment and significant fines. 
  • Example in NJ: The armed robbery of a pharmacy inAtlant ic City, NJ, to steal prescription opioids would be prosecuted in federal court under this statute.

5. Crimes on Federal Property (18 U.S.C. § 7): This section defines the special maritime and territorial jurisdiction of the United States, which includes federal lands and buildings. Robbery committed within these areas in New Jersey, such as national parks, military bases, or federal courthouses, falls under federal jurisdiction. The specific robbery statute applicable in these cases would often be the Assimilative Crimes Act (18 U.S.C. § 13), which adopts the state law definition and penalties for crimes committed on federal property when no specific federal law exists. However, if the robbery involves federal property or personnel, statutes like 18 U.S.C. § 2112 would apply directly.

6. Carjacking (18 U.S.C. § 2119): While technically a distinct offense, carjacking, the taking of a motor vehicle from a person by force and violence or by intimidation, often overlaps with robbery. Federal jurisdiction is invoked if the vehicle has been transported, shipped, or received in interstate or foreign commerce. Given New Jersey’s location and extensive transportation networks, many carjacking incidents could potentially meet this criterion. Penalties range up to 15 years imprisonment, or up to 25 years if serious bodily injury results, and up to life imprisonment or death if death results.   

The Severe Consequences of Federal Robbery Convictions

The penalties associated with federal robbery charges are often significantly harsher than those at the state level. This is due to several factors, including stricter federal sentencing guidelines and mandatory minimum sentences for certain offenses, particularly those involving firearms. 

  • Lengthy Prison Sentences: As highlighted above, federal robbery statutes carry substantial maximum prison terms, ranging from 15 years to life imprisonment, depending on the specific statute violated, the use of weapons, and any injuries caused.
  • Significant Fines: In addition to imprisonment, federal convictions often come with hefty fines, potentially reaching hundreds of thousands of dollars. 
  • U.S. Sentencing Guidelines: Federal sentencing judges are guided by the U.S. Sentencing Guidelines, a complex system that considers various factors, including the offense level (based on the specific conduct and aggravating factors) and the defendant’s criminal history. These guidelines often result in longer sentences than state sentencing practices.
  • Mandatory Minimum Sentences: Certain federal robbery offenses, particularly those involving firearms under 18 U.S.C. § 924(c), carry mandatory minimum prison sentences that must be served consecutively to the sentence for the robbery itself. This can drastically increase the total period of incarceration. For example, brandishing a firearm during a Hobbs Act robbery can trigger a mandatory minimum of seven years in federal prison.
  • Collateral Consequences: A federal robbery conviction can have severe long-term consequences beyond incarceration and fines, including difficulty finding employment, restrictions on voting rights, and implications for immigration status. Under federal immigration law, robbery is considered an aggravated felony, which can lead to deportation for non-citizens. 

Building a Robust Defense Against Federal Robbery Charges in New Jersey

Facing federal robbery charges requires a strategic and comprehensive defense tailored to the specific nuances of federal law and procedure. At Keith Oliver Criminal Law, our experienced attorneys are equipped to handle these complex cases and will meticulously work to protect your rights and achieve the best possible outcome. Our approach includes:

  1. Thorough Investigation: We will conduct an independent investigation into the allegations, scrutinizing the evidence presented by the prosecution, identifying potential weaknesses in their case, and uncovering any exculpatory evidence. This includes reviewing police reports, witness statements, surveillance footage, and forensic evidence.

  2. Jurisdictional Analysis: A critical first step is to assess whether the federal government has a legitimate basis for asserting jurisdiction over the robbery. We will carefully examine the facts to determine if the jurisdictional requirements of the relevant federal statute are met. For Hobbs Act cases, this involves a detailed analysis of the alleged impact on interstate commerce. For bank robbery cases, we will verify the federal insurance status of the financial institution. If federal jurisdiction is lacking, we will vigorously challenge the case in federal court.

  3. Strategic Defense Development: Based on the investigation and jurisdictional analysis, we will develop a tailored defense strategy. This may involve:

    • Challenging the Elements of the Crime: We will analyze whether the prosecution can prove each element of the federal robbery offense beyond a reasonable doubt, such as the use of force or intimidation, the intent to steal, and the taking of property.
    • Mistaken Identity: If the identification of the perpetrator is questionable, we will explore a defense based on mistaken identity, highlighting any inconsistencies or weaknesses in the eyewitness testimony or photographic evidence.
    • Lack of Intent: In some cases, it may be possible to argue that the defendant lacked the specific intent required for a robbery conviction.
    • Duress or Coercion: If the defendant was forced to participate in the robbery under threat of harm, a defense of duress may be applicable.  
    • Entrapment: If law enforcement improperly induced the defendant to commit the robbery, a defense of entrapment may be viable.
    • Challenging Evidence: We will file motions to suppress any evidence that was obtained illegally, such as through unlawful searches or seizures or violations of Miranda rights. 

  4. Negotiation with Federal Prosecutors: We will engage in negotiations with federal prosecutors to explore potential plea agreements that may involve reduced charges or a more favorable sentencing recommendation. Our understanding of the U.S. Sentencing Guidelines is crucial in these negotiations.

  5. Aggressive Trial Advocacy: If a favorable resolution cannot be reached through negotiation, our experienced trial attorneys are prepared to vigorously defend your rights in federal court. We will present a compelling case on your behalf, cross-examine government witnesses, and challenge the prosecution’s evidence at every stage of the trial.

  6. Sentencing Advocacy: If a conviction is unavoidable, we will advocate for the most lenient sentence possible under the U.S. Sentencing Guidelines. This involves presenting mitigating factors to the court, such as the defendant’s background, personal circumstances, and acceptance of responsibility. We will also scrutinize the government’s sentencing recommendations and challenge any inaccuracies or unwarranted enhancements.

Federal Robbery Defense Lawyers in New Jersey

If you or someone you know in New Jersey is being investigated for or has been charged with federal robbery, it is crucial to seek legal representation as early as possible. Early intervention allows our firm to conduct a prompt investigation, assess the case thoroughly, and begin building a strong defense strategy from the outset. Delaying legal counsel can significantly limit your options and potentially harm your case.

At Keith Oliver Criminal Law, we understand the gravity of federal robbery charges and the significant impact they can have on your life and future. We are committed to providing our clients in New Jersey with skilled, dedicated, and unwavering legal representation. Contact our firm today at 732.858.6959 for a confidential consultation to discuss your case and learn how we can help you navigate the complexities of the federal criminal justice system.