Robbery charges in New Jersey are serious offenses, but the penalties you face depend on whether you used a weapon. Armed robbery and strong-arm robbery may sound similar, but they involve different elements and potential punishments.
If you have been charged with either type of robbery, you need a New Jersey robbery attorney who knows the law and how to dismantle the prosecution’s case. Contact Keith Oliver Criminal Law today to discuss your options.
Why the Difference Matters
The distinction between armed robbery and strong-arm robbery affects the charge degree and the sentencing range. The law requires harsher penalties when someone uses a weapon to commit robbery.
For example, an armed robbery conviction can expose you to decades in prison. Strong-arm robbery is still a serious charge, but convictions carry less prison time. The classification also affects plea negotiations and how prosecutors build your case. Without clear legal guidance, you may not realize how much turns on whether the state claims you used (or even pretended to use) a weapon during the alleged crime.
How Robbery Is Defined Under New Jersey Law
N.J.S.A. 2C:15-1 defines robbery as committing a theft while:
- Inflicting bodily injury or using force upon another person,
- Threatening another with or purposely putting them in fear of immediate bodily injury, or
- Committing or threatening to commit any first- or second-degree crime during the theft.
In other words, robbery begins with taking property that does not belong to you. The crime becomes robbery when you add force, threats, or injury. Robbery is always a felony (indictable) offense in New Jersey.
What Is Armed Robbery in New Jersey?
Armed robbery is robbery committed while you are armed with, use, or threaten to use a deadly weapon. A “deadly weapon” can be a firearm, knife, or any object capable of causing death or serious injury. Even a toy gun or a finger concealed under clothing may be treated as a weapon, as long as the victim reasonably believes it is one.
Armed robbery in New Jersey is a first-degree crime. The sentencing range for a first-degree offense is 10 to 20 years in prison. However, because robbery falls under the No Early Release Act (NERA), a person convicted must serve 85 percent of their sentence before becoming eligible for parole.
This means the answer to “how long can you get for armed robbery” often exceeds a decade, with little chance of early release. Armed robbery is among the most aggressively prosecuted crimes in the state.
What Is Strong-Arm Robbery in New Jersey?
“Strong-arm” robbery is a colloquial term for common law (simple) robbery. In this type of case, prosecutors claim that you used force, threats, or intimidation to take property instead of using (or threatening to use) a deadly weapon.
Strong-arm robbery is typically a second-degree felony. The penalties for a second-degree robbery conviction include a sentence of five to 10 years in prison, and the No Early Release Act still applies. This means you would need to serve 85 percent of the sentence before becoming eligible for parole.
Although the potential prison time is shorter than for armed robbery, a strong-arm robbery conviction still carries life-altering consequences. Like a first-degree conviction, a second-degree felony record can affect your employment, housing, and civil rights long after you serve your time.
Key Differences Between Armed Robbery and Strong-Arm Robbery
The key difference between these two crimes is whether a weapon is present or appears to be present. This affects what the prosecution must prove in order to convict:
- Armed robbery: Prosecutors must show you used or displayed a deadly weapon, or acted in a way that led the victim to reasonably believe you had one.
- Strong-arm robbery: No weapon is involved, but the state must prove you used force or threats of force during the theft.
While both types of robbery fall under New Jersey’s sole robbery statute, the presence or perception of a weapon enhances the charge and the punishment.
The Role of Intent and Threat in Both Charges
Intent is a key element in robbery prosecutions. Prosecutors must prove that you:
- Intended to commit theft, and
- Used threats or force during that act.
The intent for armed robbery may be inferred from how you displayed or used the weapon. Intent in strong-arm robberies is typically shown through evidence that you used threats, physical force, or intimidation.
Threats can also increase your charges. You may not physically harm anyone, but if you threaten immediate injury, or even make a gesture that suggests you will, it’s considered robbery.
Remember, the victim’s perception matters. If the victim believes you have a weapon or are about to cause them harm, prosecutors can use that as evidence for an armed robbery charge.
Defenses Against Robbery Charges in NJ
The good news is that robbery charges don’t always result in convictions, especially when you work with an experienced criminal defense attorney. A skilled New Jersey robbery defense lawyer can explore potential defenses, including:
- Lack of intent to commit theft
- Mistaken identity or unreliable eyewitness testimony
- No weapon was used or displayed
- No credible threat of force occurred
- Constitutional violations during arrest, interrogation, or search
In some cases, your charges may be reduced from armed robbery to strong-arm robbery, or from robbery to theft. This often happens when the available evidence doesn’t support the more serious charge.
Ultimately, your defense will depend on the specific circumstances and how strong the evidence against you is. An experienced attorney can explain your options, the best defenses, and the most likely outcome.
Why Choose Our New Jersey Robbery Defense Lawyers in Monmouth County?
Facing robbery charges means going up against experienced prosecutors who are under pressure to secure convictions. You need a defense team that knows how to challenge the evidence and highlight weaknesses in the prosecution’s theory of the case.
The team at Keith Oliver Criminal Law has achieved many favorable outcomes for criminal defense cases throughout New Jersey, including acquittals and case dismissals for assault and gun charges. Our primary goal is to protect your rights and reduce your exposure to prison time. Whether your case is dismissed or resolved through a plea or at trial, we fight for the best possible outcome.
Contact Our New Jersey Robbery Attorney for Help
Robbery charges carry serious penalties under New Jersey law. If you or someone you love has been arrested for robbery in Monmouth County or elsewhere in New Jersey, contact Keith Oliver Criminal Law today.