ATM-related robbery charges are serious, whether you’re accused in New Jersey state court or federal court. While the statutes and penalties for ATM robbery depend on your case’s specific circumstances, penalties include significant prison time and steep fines.
If you are accused of an ATM-related robbery, an experienced New Jersey criminal defense attorney can help you understand the charges, build a tailored defense, and protect your rights.
What Constitutes an ATM-Related Robbery?
Generally, ATM-related robberies and thefts involve the unlawful taking of property, such as money or financial information. The taking could be from an ATM or a person using the ATM. This can take different forms, which result in varied charges. Some of the most common situations include:
- Armed robbery – Armed robberies at ATMs typically involve forcing a victim to withdraw money, often using weapons or other threats of violence.
- Breaking into or stealing an ATM – This involves physically removing an ATM or damaging the machine to access the cash inside.
- ATM skimming schemes – Placing skimming devices to steal card information is a common method for stealing financial information.
- Fraudulent withdrawals – Using stolen card information to unlawfully withdraw money from someone’s account is another type of theft.
These offenses can be prosecuted under state and federal laws, depending on the severity and complexity of the crime.
Potential Charges and Penalties
While many people use “robbery” interchangeably with “theft” and “burglary,” these are different charges. Robbery involves an element of force or fear, along with the unlawful taking of property. Burglary involves entering a property with the intention of committing a crime. Theft is the unlawful taking of property and is often the underlying crime in burglary charges.
For example, this recent federal case involves ATM skimming. The defendants unlawfully took financial information and used it to withdraw money, but there was no element of force or fear.
Here are some of the most common ATM-related charges and their penalties.
Robbery (N.J.S.A. 2C:15-1)
Robbery involves force or threats to take property unlawfully. It is usually a second-degree crime. This is punished by five to 10 years in prison and up to $150,000 in fines.
However, if the perpetrator “attempts to kill anyone, or purposely inflicts or attempts to inflict serious bodily injury, or is armed with, or uses or threatens the immediate use of a deadly weapon,” it’s a crime of the first degree. These crimes are punishable by 10 to 20 years in prison and fines of up to $200,000.
Burglary (N.J.S.A. 2C:18-2)
Breaking into or stealing an ATM is considered a form of burglary. This is typically a third-degree crime, punishable by three to five years in prison and fines of up to $15,000. However, it’s important to note that in this situation, you’re likely to be charged with other crimes, such as theft.
Theft (N.J.S.A. 2C:20-3)
The penalties for theft—the unlawful taking of property—depend on how much was stolen. If the stolen amount exceeds $75,000, it is classified as a second-degree crime, punishable by up to 10 years in prison and a fine of up to $150,000. If the amount is less, it could result in third-degree or fourth-degree charges, which carry less severe penalties, including shorter prison terms and lower fines.
Federal Charges
ATM-related crimes involving fraud, skimming, or multi-state offenses may be prosecuted at the federal level, leading to enhanced penalties. You may be charged under 18 U.S.C. § 1344 (bank fraud) or 18 U.S.C. § 1029(a)(7) (fraud and related activity in connection with access devices). Federal penalties are often more severe than state charges. Depending on the crime and whether you’re convicted, you could spend up to 30 years in prison.
Because the penalties are so steep, hiring a New Jersey criminal defense attorney to protect your rights is crucial.
Defenses Against ATM-Related Robbery Charges
Fortunately, being accused of an ATM robbery charge doesn’t automatically result in a conviction. A skilled criminal defense attorney can build a strong defense for you. Some common legal strategies include:
- Lack of evidence – Prosecutors must prove beyond a reasonable doubt that you committed the crime.
- Mistaken identity – Surveillance footage and eyewitness accounts can sometimes be unreliable.
- No intent to steal – In some cases, your actions could have been misinterpreted.
- Coercion or duress – If someone forced you to participate under threat, this may be a valid defense.
- Illegal search and seizure – If law enforcement obtained evidence unlawfully, it could be excluded from trial.
How a Criminal Defense Lawyer Can Help
A knowledgeable New Jersey criminal defense attorney can make a big difference in your case outcome. The earlier you work with an attorney, the faster they can intervene to protect your rights.
Depending on the charges and evidence available, your lawyer will review and investigate the evidence against you. If there are any weaknesses in the prosecution’s case, they’ll challenge those claims to dismiss or reduce the charges.
Your attorney may be able to negotiate a plea deal or get the charges dismissed before trial. If you proceed to trial, they’ll build a persuasive defense and represent you in court.
What to Do If You’ve Been Charged
If you have been arrested for an ATM-related robbery, don’t talk to law enforcement without an attorney present. Ask for a lawyer immediately. Whether you’re released on bail or are incarcerated while awaiting trial, do not discuss your case with anyone, even on the phone.
As you await trial, your lawyer will gather and review evidence to build a strong defense. Follow their legal advice closely. If there’s any evidence that supports your case, collect it or tell your attorney how to find it.
Following these steps ensures that your rights remain protected and that your attorney has the best possible chance of minimizing or dismissing your charges.
Why Choose Keith Oliver Criminal Defense?
The legal team at Keith Oliver Law understands what’s at stake when you’re charged with an ATM-related robbery. While these cases can be complex, we can provide personalized defense strategies and aggressive representation in court.
We have a proven track record in handling robbery and theft-related cases and are ready to help you. Don’t face your charges alone—call us today for a free consultation.