New Jersey Robbery Law
We represent clients charged with N.J.S.A. 2C:15-1; New Jersey Robbery complaints and indictments filed in Middlesex County, Monmouth County, Mercer County, Somerset County, Essex County, Union County, and Hudson County.
Robbery is aggravated theft.
Without a theft or attempted theft there can be no robbery.
There can be a robbery conviction even if no property was obtained.
Conduct committed in the immediate flight after the attempt or commission is considered part of the theft.
The use of force to retain the property to escape or prevent pursuit exposes the defendant to a robbery prosecution.
Under New Jersey Robbery law in order to prove a robbery, the prosecution must prove four material elements.
First, defendant committed a theft or attempted to commit a theft.
Second, defendant inflicted bodily injury or used force upon the person of another; or defendant threatens another with or purposely puts another in fear of immediate bodily injury; or defendant commits or threatens immediately to commit any crime of the first or second degree.
Third, it must be proved that this conduct occurred either at the time of the attempted theft, the theft or the immediate flight from the attempt of actual commission of theft.
Fourth, it must be proved that defendant acted purposely except that the state need only prove that the infliction of bodily injury - when it is an issue - was inflicted recklessly.
Theft is a lesser included offense of robbery which means that one may be convicted of theft even though there is an acquittal of the robbery charge.
There can be a separate conviction for each robbery committed against each person when several people are robbed.
Under New Jersey Robbery law it is a crime of the second degree except robbery is a crime of the first degree if one of the following three circumstances are present:
First, during course of robbery defendant attempts to kill someone.
Second, defendant purposely inflicts or attempts to inflict serious bodily injury.
Third, defendant is armed with, uses or threatens the immediate use of a deadly weapon.
Defendant charged with robbery is not entitled to an affirmative defense of claim of right.
However, the defendant may present evidence that the property taken was the defendant's and not the property of another.
If you have any questions for a New Jersey criminal defense lawyer about a New Jersey Robbery charge, please do not hesitate to contact us.