Criminal Defense - NJ Robbery (N.J.S.A. 2C: 15-1)
Under N.J.S.A. 2C:15-1, an individual is guilty of robbery if they inflict bodily injury, use force upon another, commit a first or second degree crime, or threaten someone with the purpose of putting them in fear of immediate bodily harm during the course of committing a theft.
Simply put, robbery is stealing from a person through force or threat, and the force or threat must occur contemporaneously with the theft. Force ranges from forcibly removing a possession from someone or as extreme as stabbing the victim to effectuate the robbery.
Ordinarily, Robbery is a second-degree crime, which carries a sentence of 5-10 years in prison and up to a $150,000 fine.
Robbery is elevated to a first-degree crime when the following aggravating circumstances arise:
- Attempt to kill a person
- Inflict serious bodily injury on a person
- Use or threaten a person with a deadly weapon*
*New Jersey law interprets deadly weapon to include any weapon that is capable of producing death or serious bodily injury, e.g., firearms, knives, baseball bats, beer bottles, and more.
If you are convicted of robbery in the first degree, the sentences carries up to 10-20 years in jail. Further, New Jersery requires 85% of the prison sentence to be served before parole eligibility.
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