Pharmacy robberies have severe legal consequences in New Jersey. Whether these thefts involve controlled substances, prescription medications, or cash, these crimes often result in felony charges that carry significant prison time and steep fines. Sometimes, pharmacy theft can result in federal prosecution and even more severe punishments.
New Jersey law treats pharmacy robberies harshly due to the controlled substances and the potential risk to pharmacists, employees, and customers involved. If it involves the use of a weapon or threats of violence, the charges and penalties can escalate.
If you face charges related to pharmacy theft in New Jersey, good legal representation is crucial. A skilled New Jersey pharmacy theft attorney can build a strong defense, challenge the prosecution’s case, and fight to minimize the penalties or dismiss the charges.
Understanding Pharmacy Robbery Under New Jersey Law
Pharmacy robbery goes beyond pharmacy burglary or simple theft. While theft involves unlawfully taking property without direct confrontation, and burglary refers to unlawfully entering a building to commit a crime, robbery specifically includes the use of force, threats, or intimidation. When pharmacies are involved, the stakes are even higher. Prescription medications and controlled substances are strictly regulated, and prescription drug-related crimes (like prescription theft or prescription fraud) can result in harsh punishments.
Unlike shoplifting or breaking into a closed business, pharmacy robbery typically occurs during business hours. These robberies involve direct interaction with pharmacists, employees, or customers. This crime often includes aggressive or threatening behavior to obtain prescription medications, cash, or both.
A suspect doesn’t need to harm someone physically. Creating fear through verbal threats or gestures can be enough to satisfy the law. However, when someone displays or implies they have a weapon, or when they try to overpower employees, they are often subject to increased penalties.
In some cases, pharmacy robbery falls under the jurisdiction of state law. In others, it becomes a federal offense. Pharmacies are highly regulated, and when controlled substances are involved in a robbery, federal agencies such as the Drug Enforcement Administration (DEA) may get involved. Understanding whether your case will be prosecuted at the state or federal level is key.
Potential Charges and Legal Penalties
The charges and penalties you may face for pharmacy theft in New Jersey depend on several factors. The use of force, weapons, and the type of property stolen can all influence the charges, the punishments, and whether the state or federal government is involved.
New Jersey Charges and Penalties
Under N.J.S.A. 2C:15-1, robbery is defined as committing theft while using force, intimidation, or threats against another person. The public safety risks and controlled substances involved make this a particularly dangerous crime that would result in a criminal record.
The charges and penalties depend on how the robbery was carried out:
- First-Degree Robbery – This applies when a deadly weapon is used, bodily injury is inflicted, or the robbery involves extreme force. This offense is punishable by 10 to 20 years in prison and up to $200,000 in fines.
- Second-Degree Robbery – This covers cases where intimidation, threats, or minor physical force are used, but no weapon is involved. It carries a penalty of five to 10 years in prison and up to $150,000 in fines.
Federal Charges and Penalties
When a robbery involves controlled substances, federal charges may apply under the Controlled Substances Act (21 U.S.C. § 841 et seq.). This law makes it a federal crime to steal prescription drugs from a registered pharmacy, particularly when violence or weapons are involved. Federal penalties can include significant prison time, especially if the crime involves interstate drug trafficking or organized criminal activity. There is also a federal statute for robberies involving controlled substances and robbery that affects “foreign or interstate commerce.” These charges can be punished with decades in prison and hundreds of thousands of dollars in fines.
Defenses Against Pharmacy Robbery Charges
A skilled pharmacy theft lawyer in New Jersey can build a strong defense based on the specifics of your case. Common strategies include:
- Lack of intent
- Mistaken identity
- Insufficient evidence to prove the case beyond a reasonable doubt
- Duress or coercion
- Constitutional violations
Each case is unique. Your attorney will review the evidence against you and determine the best legal strategies available.
How a Criminal Defense Lawyer Can Help
Early legal intervention is crucial in defending against pharmacy robbery charges. Your criminal defense lawyer will assess the case, identify weaknesses in the prosecution’s evidence, and develop a strong defense. The earlier you retain a lawyer, the sooner they’ll be able to challenge improper procedures, suppress unlawfully obtained evidence, and protect your rights.
If the evidence is weak or inconsistent, your lawyer can argue for a dismissal or reduction of charges. If you do go to trial, however, a strong defense can cast doubt on the prosecution’s claims, potentially leading to an acquittal.
Since pharmacy robbery can result in both state and federal charges, having a lawyer familiar with both legal systems is crucial.
What to Do If You’ve Been Charged with Pharmacy Robbery
When you’re facing pharmacy robbery charges, taking the right steps now can dramatically impact your case.
Start by exercising your right to remain silent – what you say to law enforcement can and will be used against you. Your first call should be to an experienced New Jersey pharmacy theft attorney.
Next, keep all discussions about your case strictly between you and your lawyer. Even conversations with family and friends or on social media can backfire when your words are taken out of context.
Your case outcome typically depends on several factors: your prior record, whether weapons were involved, and the strength of the evidence against you. Some defendants may qualify for reduced charges or favorable plea arrangements, while others might benefit from taking their case to trial.
Why Choose Keith Oliver Criminal Defense?
If you’re facing robbery charges, having aggressive representation in state and federal courts can make a significant difference. With significant prison time and fines at stake, you need an attorney with a proven track record and the ability to represent you for both state and federal charges. Keith Oliver Criminal Law can review your charges and the evidence against you, then get to work building an aggressive defense.
Don’t face your charges alone. Call us today for a free consultation.
