Being charged with armed robbery is a serious matter in New Jersey. A conviction carries severe penalties, including long prison sentences, hefty fines, and a permanent criminal record. Understanding the legal process and your rights can be essential to building a strong defense. If you or someone you know is facing armed robbery charges, consulting with an experienced criminal defense lawyer as soon as possible is critical to achieving the best possible outcome.

1. What Is Armed Robbery Under New Jersey Law?

In New Jersey, armed robbery is classified as a first-degree offense, which is one of the most serious criminal charges an individual can face. According to N.J.S.A. 2C:15-1, robbery involves the unlawful taking of property from another person using force, threats, or intimidation. It becomes “armed robbery” when the defendant possesses or uses a deadly weapon during the commission of the crime. Deadly weapons can include firearms, knives, or even an object that can be perceived as dangerous by the victim.

Important Elements of Armed Robbery:

• Use of force or threat: Armed robbery requires that the victim was threatened with harm or actually harmed during the robbery.

• Presence of a weapon: Whether or not the weapon was used, merely possessing it during the crime elevates the charge to armed robbery.

2. Penalties for Armed Robbery in New Jersey

Armed robbery is punished as a first-degree felony in New Jersey, which carries harsh penalties. The prison sentence for armed robbery ranges from 10 to 20 years. Unlike some lesser charges, armed robbery falls under New Jersey’s No Early Release Act (NERA), meaning anyone convicted must serve at least 85% of their sentence before being eligible for parole.

In addition to prison time, those convicted may also face:

• Fines up to $200,000
• Permanent criminal record that can impact employment, housing, and more

Given these severe penalties, it’s crucial to work with an experienced armed robbery defense lawyer to challenge the charges and reduce the potential consequences.

3. Legal Defenses for Armed Robbery Charges

Facing armed robbery charges can be daunting, but a strong defense strategy can make a significant difference in the outcome of your case. A criminal defense lawyer will evaluate the details of your case and determine the best possible defense strategy, which may include:

• Challenging the evidence: If the prosecution lacks solid evidence linking you to the crime, your lawyer can challenge the credibility of the case. For instance, surveillance footage might be unclear, or witnesses may have unreliable testimony.

• Mistaken identity: In many armed robbery cases, the victim or witness might misidentify the perpetrator. Your lawyer can challenge the reliability of witness identifications and argue that you were wrongfully accused.

• Coerced confession: If law enforcement pressured or coerced you into confessing to the crime, a skilled criminal defense lawyer can argue that your rights were violated, potentially leading to the suppression of the confession.

• No weapon used: If it can be proven that no weapon was used during the incident or that the object involved could not be classified as a deadly weapon, this could result in the charge being reduced from armed robbery to a lesser offense.

It is important to review the circumstances of the arrest, the evidence, and any legal procedures that took place to identify potential weaknesses in the prosecution’s case.

4. How Sentencing Enhancements Can Affect Armed Robbery Cases

New Jersey law imposes strict sentencing enhancements for armed robbery cases that involve certain aggravating factors. These enhancements can further increase the penalties you may face. For example:

• Use of a firearm: If a firearm is involved in the commission of the crime, sentencing may be enhanced under New Jersey’s Graves Act, which mandates extended prison time for gun-related offenses.

• Injuries to the victim: If the victim suffers significant bodily harm during the robbery, the penalties can be even more severe.

These enhancements underscore the importance of working with an armed robbery defense lawyer who can carefully assess the details of your case and help mitigate the penalties.

5. The Role of a Criminal Defense Lawyer in Armed Robbery Cases

If you are facing armed robbery charges, hiring an experienced criminal defense lawyer is essential for several reasons. Early legal representation allows your lawyer to take immediate steps to protect your rights and build a defense strategy tailored to your case.

How a Criminal Defense Lawyer Helps:

• Investigating the facts: A defense lawyer will conduct a thorough investigation of the incident, including reviewing police reports, witness statements, and any available video footage to uncover inconsistencies or violations of your rights.

• Negotiating with prosecutors: In some cases, your lawyer may be able to negotiate a plea deal that reduces the charges or leads to a more favorable sentence. This could result in the charges being downgraded to a lesser offense, such as theft, or a reduced prison sentence.

• Defending in court: If the case goes to trial, your lawyer will build a defense aimed at challenging the prosecution’s evidence and presenting a strong case on your behalf.

Having an experienced criminal defense lawyer is critical for navigating New Jersey’s complex legal system and working toward the best possible outcome in your case.

6. Steps to Take if You’ve Been Charged with Armed Robbery

If you’ve been charged with armed robbery in New Jersey, it’s crucial to act quickly to protect your rights. Here are key steps to take:

• Do not speak to the police without a lawyer: Anything you say to law enforcement can be used against you. It’s important to exercise your right to remain silent until you have legal representation.

• Consult an armed robbery defense lawyer immediately: Early legal representation is vital to ensure that your rights are protected and that you have the best possible defense.

• Preserve any evidence: If you have any evidence that could support your defense, such as alibi witnesses or documentation of your whereabouts, share this with your lawyer.

By following these steps, you can increase your chances of a successful defense and reduce the risk of severe penalties.

Contact The Law Office of John B. Brennan for Aggressive Armed Robbery Defense in New Jersey

If you’re facing armed robbery charges in New Jersey, don’t wait to get the legal representation you need. At The Law Office of John B. Brennan, we have extensive experience defending clients against serious criminal charges and are prepared to fight for your rights.

Call us today at (856) 446-5123 or fill out our online contact form to schedule a confidential consultation. Let us build a strong defense and guide you through every step of the legal process.